Re Crown Employees Wages Staff (Rates of Pay) Award 2011 & Ors (No 3) [2013] NSWIRComm 109

Industrial Relations Commission New South Wales Medium Neutral Citation: Re Crown Employees Wages Staff (Rates of Pay) Award 2011 & Ors (No 3) [2013] NSWIRComm 109 Hearing dates: 13 and 28 November 2013 Decision date: 17 December 2013 Jurisdiction: Industrial Relations Commission Before: Boland J, President Decision: The awards that are the subject of these proceedings are to be varied to provide for an increase in wages and relevant allowances by 2.5 per cent from the beginning of the first pay period to commence on or after 1 July 2013. Catchwords: AWARDS - Claim by Secretary of Treasury as nominal employer of public sector employees that any wage adjustment to public sector awards from 1 July 2013 should be 2.27 per cent and not 2.5 per cent - Whether public interest, economic and fiscal considerations justified Secretary's claim - STATUTORY INTERPRETATION - Whether ss 10, 17(3)(d) and s 146(2) of Industrial Relations Act 1996 were displaced or qualified by s 146C of that Act and the Industrial Relations (Public Sector Conditions of Employment) Regulation 2011 Legislation Cited: Fair Work Act 2009 (Cth) Industrial Relations Act 1996 Industrial Relations (Public Sector Conditions of Employment) Regulation 2011 Cases Cited: Annual Wage Review 2011-2012 [2012] FWCFB 5000 Annual Wage Review 2012-2013 [2013] FWCFB 4000 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) 220 IR 445 Bolton & Others; Ex parte Beane, Re [1987] HCA 12; (1987) 162 CLR 514 Broken Hill Commerce and Industry Consent Award (No 2) Re [2002] NSWIRComm 309 Byrne v Australian Airlines Limited [1995] HCA 24; (1995) 185 CLR 410 Certain Lloyd's Underwriters Subscribing to Contract No IH00AAQS v Thelander [2012] HCA 56; (2012) 293 ALR 412 Crown Employees (Police Officers - 2009) Award (No 2) [2012] NSWIRComm 104 Crown Employees (Public Sector - Salaries 2008) Award, Re [2012] NSWIRComm 70 Crown Employees (Teachers in Schools and TAFE and Related Employees) Salaries and Conditions Award (No 3), Re [2004] NSWIRComm 134; (2004) 133 IR 254 Crown Employees Wages Staff (Rates of Pay) Award 2011 & Ors, Re [2013] NSWIRComm 53 Crown Employees Wages Staff (Rates of Pay) Award 2011 & Ors (No 2), Re [2013] NSWIRComm 76 Farah Constructions Pty Ltd v Say-Dee Pty Ltd [2007] HCA 22; (2007) 230 CLR 89 Harrison v Melhem [2008] NSWCA 67 Public Hospital Nurses (State) Award (No 4), Re [2003] NSWIRComm 442; (2003) 131 IR 17 Public Service Association and Professional Officers' Association Amalgamated [Union] of NSW v Director of Public Employment [2012] HCA 58; (2012) 293 ALR 450 Quinn v Leatham [1901] AC 495 Category: Principal judgment Parties: Australian Manufacturing Workers' Union ("AMWU") Australian Salaried Medical Officers' Federation (New South Wales) ("ASMOF") Australian Workers Union NSW Branch ("AWU") Construction, Forestry, Mining and Energy Union (New South Wales Branch) ("CFMEU") Electrical Trades Union, NSW Branch ("ETU") Fire Brigade Employees Union ("FBEU") Health Services Union NSW ("HSU") Landcom NSW Ministry of Health NSW Nurses and Midwives Association NSW Teachers Federation Public Service Association and Professional Officers' Association Amalgamated Union of New South Wales ("PSA") Secretary of the Treasury The Association of Professional Engineers, Scientists and Managers, Australia (NSW Branch) ("APESMA") Transport Workers' Union of New South Wales ("TWU") Unions NSW United Services Union ("USU") United Voice Representation: Mr S Crawshaw SC with Mr M Gibian of counsel for PSA in all matters Mr J Nolan of counsel for Unions NSW, ASMOF, APESMA, CFMEU, ETU, FBEU, HSU, NSW Teachers Federation, TWU, AWU, USU, United Voice Mr P Kite, SC with Mr A Britt of counsel for the Secretary of the Treasury Mr N Keats for W G McNally for Public Service Association and Professional Officers' Association Amalgamated Union of New South Wales Mr T Craft for Director General, NSW Ministry of Health Mr D Lloyd for Landcom Ms C McGuigan for Roads and Maritime Services Mr J Lavelle-Wilson for Australian Manufacturing Workers' Union Mr M Wright for NSW Nurses and Midwives Association File Number(s): IRC 256 and ors