Re Crown Employees Wages Staff (Rates of Pay) Award 2011 & Ors (No 2) [2013] NSWIRComm 76

Industrial Relations Commission New South Wales Medium Neutral Citation: Re Crown Employees Wages Staff (Rates of Pay) Award 2011 & Ors (No 2) [2013] NSWIRComm 76 Hearing dates: 6 September 2013 Decision date: 06 September 2013 Jurisdiction: Industrial Relations Commission Before: Boland J, President Decision: (1) The Commission as presently constituted will sit at 10.00 am on Monday 30 September and Tuesday 1 October 2013 to hear evidence and submissions. (2) Noting that the Secretary's evidence has already been filed and there is no indication from any other employer party of a desire to file evidence, the employer parties wishing to do so shall file written submissions in support of their case by 4.00 pm on Friday 13 September 2013. (3) Union parties wishing to contest the Secretary's position shall file and serve their evidence and written submissions by 4.00 pm on Friday 27 September 2013. (4) Employer parties wishing to do so shall file and serve any submissions in reply by 10.00 am Monday 30 September 2013. Catchwords: AWARDS - Interlocutory proceedings - Applications to vary public sector awards by increasing rates of pay and allowances by 2.5 per cent - Applications opposed by Secretary of the Treasury on the grounds of budgetary and economic constraints - Directions made to hear evidence and submissions as to whether an increase of 2.5 per cent sustainable or whether increase should be 2.27 per cent as proposed by Secretary Legislation Cited: Industrial Relations Act 1996 Industrial Relations (Public Sector Conditions of Employment) Regulation 2011 Industrial Relations (Public Sector Conditions of Employment) Amended Regulation 2013 Cases Cited: Re Crown Employees Wages Staff (Rates of Pay) Award 2011 & Ors [2013] NSWIRComm 53 Category: Interlocutory applications Parties: Australian Salaried Medical Officers' Federation (New South Wales) (Applicant in Matters 352 and 357 of 2013) Construction, Forestry, Mining and Energy Union (New South Wales Branch) (Applicant in Matters 403-406 of 2013) Health Services Union NSW (Applicant in Matters 367-387 of 2013) NSW Ministry of Health (Applicant in Matters 452 and 453 of 2013) New South Wales Nurses and Midwives' Association (Applicant in Matters 737 and 738 of 2013) Public Service Association and Professional Officers' Association Amalgamated Union of New South Wales (Applicant in Matters 256, 257, 259, 260, 261, 262, 263, 342 of 2013) The Australian Workers' Union, New South Wales (Applicant in Matters 324, 325, 401 and 591 of 2013) Representation: Mr M Gibian of counsel for Public Service Association and Professional Officers' Association Amalgamated Union of New South Wales in matters 256, 257, 259, 260, 261, 262, 263 and 342 of 2013 Mr J Nolan of counsel for: Unions NSW; New South Wales Local Government, Clerical, Administrative, Energy, Airlines and Utilities Union; NSW Teachers Federation; Electrical Trades Union, NSW Branch; Fire Brigade Employees Union; Australian Salaried Medical Officers' Federation (New South Wales); United Voice; Construction, Forestry, Mining and Energy Union (New South Wales Branch); Australian Workers' Union, New South Wales Branch in matters 256, 257, 263, 324, 325, 352, 357, 371, 372, 375, 401, 403, 404, 405, 406 and 591 of 2013 Mr A Britt of counsel for the Secretary of the Treasury in matters 256, 257, 260, 262, 263, 324, 325, 342, 401, 403, 404, 405, 406, 452, 591, 737 and 738 of 2013 Mr W McNally for Public Service Association and Professional Officers' Association Amalgamated Union of New South Wales (Applicant in matters 256, 257, 259, 260, 261, 262, 263 and 342 of 2013) Mr T Craft for Director General, NSW Ministry of Health (Respondent in 352, 367-387, 737 and 738 of 2013) Mr D Lloyd for Landcom (Applicant in matter 261 of 2013)Mr M Wright for New South Wales Nurses and Midwives' Association (Applicant in matters 737 and 738 of 2013) Mr M Doherty for Health Services Union (Applicant in matters 367-387 of 2013) Crown Solicitors Office for Secretary of the Treasury File Number(s): IRC 256 of 2013 and others