Roads and Maritime Services Division of the Government Service of New South Wales - Consolidated Salaried Employees Award 2013 [2014] NSWIRComm 19

Industrial Relations Commission New South Wales Medium Neutral Citation: Roads and Maritime Services Division of the Government Service of New South Wales - Consolidated Salaried Employees Award 2013 [2014] NSWIRComm 19 Hearing dates: 24, 25 and 26 March 2014 Decision date: 28 April 2014 Jurisdiction: Industrial Relations Commission Before: Staff J Decision: (1) The application by RMS for a Roads and Maritime Services Division of the Government Service of New South Wales - Consolidated Salaries Employees Award 2013 should proceed with APESMA as a party to the award; (2) RMS may include in the proposed consolidated award, provisions relating to employees presently covered by the Professional Engineers (Roads and Maritime Services Division of the Government Service in New South Wales - Salaries) Award 2012 which do not diminish any terms and conditions of employment for employees covered by the Professional Engineers Award; (3) The proceedings are adjourned for further conciliation at 10:00am Monday 28 April 2014 and Tuesday 29 April 2014 if required. Catchwords: AWARD - application for consolidation of awards - objection to consolidation by union - Principles - Statutory Provisions - application granted - ss 3, 10, 19, 20 and 146 Industrial Relations Act 1996 Legislation Cited: Industrial Relations Act 1996 Public Sector Employment Legislation Amendment Act 2006 (No.2) Cases Cited: Clarks in Retail General Shops Awards and other Awards [1997] NSWIRComm 118 Commissioner of Police v The Police Association of NSW re: Industrial Action [2001] NSWIRComm 89 Project Blue Sky Inc v Australian Broadcasting Authority [1998] HCA 28; (1998) 194 CLR 355 Rail Corporation NSW v Brown [2012] NSWCA 296; (2012) 82 NSWLR 318 Re: Principles for Review of Awards [1997] NSWIRComm 118; (1998) 85 IR 38 Texts Cited: A Sayer and P Walker, The New Social Economy: Reworking the Division of Labour, (1992, Blackwell) Australian Bureau of Statistics, (1993), Australian and New Zealand Standard Industrial Classification (ANZSIC),ABS Cat No 1292.0 Australian Bureau of Statistics, (2009), Australian and New Zealand Standard Classification of Occupations, ABS Cat No 1220.0 Australian Bureau of Statistics, (2013), Australian and New Zealand Standard Industrial Classification (ANZSIC), ABS Cat No 1292.0 Australian National Engineering Taskforce, Realising and Innovation Economy: A Practical Roadmap to Ease the Australian Engineering Skills Shortage (2012, ANET) D Marsden, A theory of employment systems. Micro-foundations of Societal Diversity, (1999, Oxford University Press) D Marsden, The End of Economic Man? Custom and Competition in Labour Markets, (1986, Wheatsheaf) G Standing, Work after Globalization. Building Occupational Citizenship, (2009, Chelthenham) J Buchanan, S Yu, Leesa Wheelahan, J Keating and S Marginson, Impact Analysis of the proposed strengthened Australian Qualifications Framework, Australian Qualifications Framework council, Adelaide, July 2010 J Buchanan and M Jakubauskas, 'The political-economy of work and skill in Australia: insights from recent applied research' in Jane Bryson (ed), Beyond skill: Institutions, Organisations and Human Capability, (2010, Routledge) L Wheelahan, G Moodie and J Buchanan, Revitalising the 'vocational' in flows of learning and labour, (2012, NCVER) M Marchington, D Grimshaw, J Rubery and H Willmott (eds), Fragmenting Work: blurring organizational boundaries and disorganising hierarchies, (2004, Oxford University Press) M Maurice, F Sellier and JJ Silvestre, The social foundations of industrial power: A comparision of France and Germany, (1986, MIT Press) S Yu, T Bretherton, J Schutz and J Buchanan, Vocational trajectories within the Australian labour market, (2012, NCVER) S Yu, T Bretherton and J Buchanan, Defining Vocational Streams: Insights from engineering, fiannce, agriculture and care sectors, (2013, NCVER) Category: Interlocutory applications Parties: Roads and Maritime Services Division of the Government Service of New South Wales (RMS) Australian Maritime Officers Union of New South Wales (AMOU) Australian Services Union of New South Wales (ASU) Public Service Association and Professional Officers Association Amalgamated Union of NSW (PSAPOA) Maritime Union of Australia (New South Wales Branch) (MUA) The Association of Professional Engineers, Scientists and Managers Australia (New South Wales Branch) (APESMA) The Australian Institute of Marine and Power Engineers (AIMPE) Transport for NSW, Rail Corporation and Sydney Trains (RailCorp) Unions NSW (UNSW) Representation: Mr S Prince of counsel (RMS) Mr O Fagir of counsel (APESMA) File Number(s): IRC 413 of 2013