Public Service Association and Professional Officers' Association Amalgamated Union of New South Wales v Secretary of the Treasury [2014] NSWIRComm 12

Industrial Relations Commission New South Wales Medium Neutral Citation: Public Service Association and Professional Officers' Association Amalgamated Union of New South Wales v Secretary of the Treasury [2014] NSWIRComm 12 Hearing dates: 13 March 2014 Decision date: 15 April 2014 Jurisdiction: Industrial Court of NSW Before: Acting Justice Boland Decision: The parties are to confer on the terms of an appropriate order or orders having regard to the reasons for judgment in these proceedings. If the terms of the order(s) are agreed the applicant shall provide a copy to my Associate within 14 days of the date of this judgment and the order(s) will be made in Chambers. If no agreement is reached the applicant shall advise my Associate within 14 days of the areas of disagreement and the reasons for the disagreement. Unless a party wishes to be heard orally in respect of any disagreement, the final terms of the orders shall be determined in Chambers. Catchwords: Application for declaratory relief under s 154 of the Industrial Relations Act 1996 - Claimed entitlement to the payment of overtime for casual correctional officers employed under the Crown Employees (Public Service Conditions of Employment) Reviewed Award 2009 - Whether entitlement to overtime exists where casual officer works more than one 8-hour shift in a 24-hour period - Casual Employees are not staff members for the purpose of cl 90.5 of the Conditions Award - Relevant principles of award interpretation Legislation Cited: Crown Employees (Public Service Conditions of Employment) Reviewed Award 2009 Government Sector Employment Act 2013 Industrial Relations Act 1996 Public Sector Employment and Management Act 2002 Cases Cited: Ainsworth v Criminal Justice Commission [1992] HCA 10; (1992) 175 CLR 564 City of Wanneroo v Holmes (1989) 30 IR 362 Crown in Right of the State of New South Wales (Director-General, NSW Department of Health) in respect of Sydney West Area Health Service v New South Wales Nurses' Association [2011] NSWIRComm 111 Ford v SAS Trustee Corporation [2000] NSWIRComm 92; (2000) 98 IR 444 George A Bond & Co Ltd (in liq) v McKenzie (1929) 28 AR (NSW) 498 Kucks v CSR Limited (1996) 66 IR 182 Perisher Blue Pty Ltd and Others v Australian Workers' Union (1999) 91 IR 274 Shop Distributive and Allied Employees' Association v Harris Scarfe Australia Pty Ltd [2014] FCA 283 Tempo Services Ltd v Strezouski [2005] NSWIRComm 329; (2005) 146 IR 411 Category: Principal judgment Parties: Public Service Association and Professional Officers' Association Amalgamated Union of New South Wales (Applicant) Secretary of the Treasury (First Respondent) Department of Justice and Attorney General NSW Corrective Services NSW (Second Respondent) Representation: M Gibian of counsel (Applicant) J Murphy of counsel (Respondent) W G McNally Jones Staff (Applicant) Crown Solicitors Office (Respondent) File Number(s): IRC 289 of 2013