Roads and Maritime Services and The Australian Workers' Union, New South Wales [2013] NSWIRComm 105

Industrial Relations Commission New South Wales Medium Neutral Citation: Roads and Maritime Services and The Australian Workers' Union, New South Wales [2013] NSWIRComm 105 Hearing dates: 26 November 2013 Decision date: 06 December 2013 Jurisdiction: Industrial Relations Commission Before: Staff J Decision: Making of Award with workers compensation top-up provision in accordance with the Industrial Relations Act 1996 Catchwords: AWARD - application for new award - Roads and Maritime Services Division of the Government Service of New South Wales (Wages Staff) Award 2013 - should award include provision for workers compensation top-up payment - consideration of the purpose of the Workers Compensation Legislation (Amendment) Act 2012 - s 36, s 37 - extrinsic material - Second Reading Speech - principles - making of award with workers compensation top-up provision in accordance with Industrial Relations Act 1996 and obligations to set fair and reasonable conditions of employment - parties directed to confer and agree on terms of workers compensation top-up award provision Legislation Cited: Industrial Relations (Public Sector Conditions of Employment) Regulation 2011 Industrial Relations Act 1996 Workers Compensation Legislation (Amendment) Act 2012 Cases Cited: Australian Education Union v Department of Education and Children's Services [2012] HCA 3; (2012) 285 ALR 27 Board of Bendigo Regional Institute of Technical and Further Education v Barclay [2012] HCA 32; (2012) 22 IR 445 Certain Lloyd's Underwriters Subscribing to Contract No IH00AAQS v Thelander [2012] HCA 56; (2012) 293 ALR 214 Public Service Association and Professional Officers' Association Amalgamated Union of New South Wales and Department of Education and Communities [2013] NSWIRComm 32 Public Service Association and Professional Officers' Association Amalgamated Union of New South Wales v NSW Department of Education and Communities [2012] NSWIRComm 96 Category: Principal judgment Parties: Roads and Maritime Services (Applicant) Australian Workers' Union, New South Australian Workers' Union, Greater NSW Branch (First Respondent) Australian Workers' Union, Newcastle Branch (Second Respondent) Australian Workers' Union, Port Kembla Branch (Third Respondent) Barrier Industrial Council (Fourth Respondent) Broken Hill Town Employees' Union (Fifth Respondent) Construction Forestry Mining and Energy Union (Sixth Respondent) Construction Division NSW Branch (Seventh Respondent) Electrical Trades Union, NSW Branch (Eighth Respondent) Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union, NSW Branch (Ninth Respondent) New South Wales, Plumbers and Gasfitters Employees' Union (Tenth Respondent) Transport Workers' Union of Australia NSW Branch (Eleventh Respondent) Unions NSW (Intervener) Representation: Mr S Prince of counsel (Applicant) Mr S Crawford, solicitor (First, Second, Third, Fourth, Fifth, Sixth, Seventh, Eighth, Ninth and Tenth Respondents) Mr B Docking (Eleventh Respondent and Intervener) Roads and Maritime Services (Applicant) The Australian Workers' Union, New South Wales (First, Second, Third, Fourth, Fifth, Sixth, Seventh, Eighth, Ninth and Tenth Respondents File Number(s): IRC 346, 402 and 444 of 2013