Public Service Association and Professional Officers' Association Amalgamated Union of New South Wales and Department of Trade and Investment, Regional Infrastructure and Services (Department of Primary Industries - Fisheries Division) [2013] NSWIRComm 64

Industrial Relations Commission New South Wales Medium Neutral Citation: Public Service Association and Professional Officers' Association Amalgamated Union of New South Wales and Department of Trade and Investment, Regional Infrastructure and Services (Department of Primary Industries - Fisheries Division) [2013] NSWIRComm 64 Hearing dates: 19/02/2013Written Submissions: 4 and 12/03/2013 Decision date: 02 August 2013 Before: Backman J Decision: Order 1 sought in the Notice of Motion is granted. The Motion is otherwise dismissed. Catchwords: NOTICE OF MOTION - Notification of a Dispute under s 130 of the Industrial Relations Act 1996 (IR Act) - application by way of Notice of Motion seeks an order that the Commission strike out or dismiss the Notification for want of jurisdiction - s 22(1) of the Public Sector Employment and Management Act 2002 (PSEM Act) said to preclude jurisdiction on the basis that the dispute is one relating to the failure to appoint long-term temporary employees to permanent positions in accordance with the procedure set out under s 31 of the PSEM Act and is therefore not an "industrial matter" for the purposes of the IR Act - whether the positions in issue may be properly characterised as permanent appointments to vacate positions - if so, whether the dispute is one "relating to" the failure to appoint long-term temporary employees to permanent positions under s 31 of the PSEM Act - both questions answered in the affirmative - Held: Commission lacks jurisdiction in accordance with s 22(1) - Orders. Legislation Cited: Fisheries Management Act 1994 Industrial Relations Act 1996 Public Sector Employment and Management Act 2002 Public Service Act 1979 Technical and Further Education Commission Act 1990 Cases Cited: Oceanic Life Ltd and Another v Chief Commissioner of Stamp Duties (1999) 168 ALR 211 PMT Partners Pty Limited (In Liquidation) and Australia National Parks and Wildlife Service (1995) 184 CLR 301 Public Service Association and Professional Officers' Association Amalgamated Union of New South Wales v Department of Justice and Attorney General (Corrective Services NSW) [2010] NSWIRComm 148 Public Service Association (NSW) v Public Service Board (NSW) 1985 14 IR 414 Re Crown Employees (New South Wales Fisheries, Salaries and Conditions of Employment) Award (2003) 129 IR 369 Re New South Wales TAFE Commission (Teachers and Other Educational Staff) Salaries and Conditions of Award 1996 (1999) 123 IR 360 Rose v Meriton Apartments Pty Ltd (2007) 169 IR 428 Texts Cited: Pearce DC and RS Geddes, Statutory Interpretation in Australia, 7th Edition, Lexis Nexis 2011 Category: Interlocutory applications Parties: Public Service Association and Professional Officers' Association Amalgamated Union of New South Wales (Applicant) Department of Trade and Investment, Regional Infrastructure and Services (Department of Primary Industries - Fisheries Division) (Respondent) Representation: Ms P Lowson, of counsel (Applicant) Mr S Benson, of counsel (Respondent) W.G. McNally Jones Staff (Applicant) I V Knight, Crown Solicitor (Respondent) File Number(s): IRC 928 of 2012