Secretary of The Treasury v Public Service Association & Professional Officers' Association Amalgamated Union of NSW [2014] NSWCA 138

Court of Appeal Supreme Court New South Wales Medium Neutral Citation: Secretary of The Treasury v Public Service Association & Professional Officers' Association Amalgamated Union of NSW [2014] NSWCA 138 Hearing dates: 14 March 2014 Decision date: 06 May 2014 Before: Bathurst CJ at [1]; Beazley P at [60]; Meagher JA at [61] Decision: (1)Order that the order of Boland P in Re Crown Employees Wages Staff (Rates of Pay) Award 2011& Ors (No 3) [2013] NSWIRComm 109 be quashed. (2)Remit the matter to a member of the Industrial Relations Commission to be dealt with according to law. [Note: The Uniform Civil Procedure Rules 2005 provide (Rule 36.11) that unless the Court otherwise orders, a judgment or order is taken to be entered when it is recorded in the Court's computerised court record system. Setting aside and variation of judgments or orders is dealt with by Rules 36.15, 36.16, 36.17 and 36.18. Parties should in particular note the time limit of fourteen days in Rule 36.16.] Catchwords: STATUTORY INTERPRETATION - principles - legislative intention - giving effect to express words - relationship between clauses - cl 6(1)(a) Industrial Relations (Public Sector Conditions of Employment) Regulation 2011 (NSW) STATUTORY INTERPRETATION - principles - limited conferral of jurisdiction on a court - cl 6(1)(a) Industrial Relations (Public Sector Conditions of Employment) Regulation 2011 (NSW) ADMINISTRATIVE LAW - jurisdictional error - different considerations for administrative tribunal and inferior court - Industrial Commission - misconceive extent of powers Legislation Cited: Industrial Relations Act 1996 (NSW), ss 10, 15, 16, 17, 146C, 179 and 407 Industrial Relations Amendment (Public Sector Conditions of Employment) Bill 2011 (NSW) Industrial Relations (Public Sector Conditions of Employment) Regulation 2011 (NSW), cll 4-9 Superannuation Guarantee (Administration) Act 1992 (Cth), ss 16, 19 and 23 Superannuation Guarantee (Amendment) Act 2012 (Cth) Cases Cited: Alcan (NT) Alumina Pty Ltd v Commissioner of Territory Revenue (NT) [2009] HCA 41; (2009) 239 CLR 27 Attorney General for the State of New South Wales v Quin [1990] HCA 21; (1990) 170 CLR 1 Certain Lloyd's Underwriters v Cross [2012] HCA 56; (2012) 248 CLR 378 Collector of Customs v Agfa-Gevaert Ltd [1996] HCA 36; (1996) 186 CLR 389 Craig v The State of South Australia [1995] HCA 58; (1995) 184 CLR 163 Director General, NSW Department of Health v Industrial Relations Commission of NSW [2010] NSWCA 47; (2010) 77 NSWLR 159 Federal Commissioner of Taxation v Consolidated Media Holdings Ltd [2012] HCA 55; (2012) 87 ALJR 98 King Gee Clothing Company Pty Ltd and Others v The Commonwealth and Another [1945] HCA 23; (1945) 71 CLR 184 Kirk and Another v Industrial Court of NSW and Another [2010] HCA 1; (2010) 239 CLR 531 Public Service Association and Professional Officers' Association Amalgamated (NSW) v Director of Public Employment [2012] HCA 58; (2012) 87 ALJR 162 Re Crown Employees Wages Staff (Rates of Pay) Award 2011 & Ors [2013] NSWIRComm 53 Re Crown Employees Wages Staff (Rates of Pay) Award 2011 & Ors (No 3) [2013] NSWIRComm 109 Shergold v Tanner [2002] HCA 19; (2002) 209 CLR 126 Speirs v Industrial Relations Commission of NSW and Another [2011] NSWCA 206; (2011) 81 NSWLR 348 Texts Cited: NA Category: Principal judgment Parties: Secretary of the Treasury (First applicant) Director General Ministry of Health (Second applicant) Landcom (Third applicant) Public Service Association and Professional Officers' Association Amalgamated Union of New South Wales (First respondent) Unions NSW (Second respondent) Construction, Forestry, Mining and Energy Union (New South Wales Branch) (Third respondent) Australian Manufacturing Workers' Union (Fourth respondent) Australian Salaried Medical Officers' Federation (New South Wales) (Fifth respondent) Australian Workers Union NSW Branch (Sixth respondent) Electrical Trades Union, NSW Branch (Seventh respondent) Fire Brigade Employees Union (Eighth respondent) Health Services Union NSW (Ninth respondent) NSW Nurses and Midwives Association (Tenth respondent) NSW Teachers Federation (Eleventh respondent) The Association of Professional Engineers, Scientists and Managers, Australia (NSW Branch) (Twelfth respondent) Transport Workers' Union of New South Wales (Thirteenth respondent) United Services Union (Fourteenth respondent) United Voice (Fifteenth respondent) Industrial Relations Commission of NSW (Sixteenth respondent) Representation: Counsel: Paul Menzies QC / Stan Benson (Applicants) S Crawshaw SC / M Gibian (Respondents) Solicitors: Crown Solicitor (First applicant) W G McNally Jones Staff Lawyers (First-Fifteenth respondent) File Number(s): 2013 of 385141 Publication restriction: NA Decision under appeal Citation: [2013] NSWIRComm 53 and [2013] NSWIRComm 109 Before: Boland J President, Walton J Vice President and Tabaa C and Boland J President File Number(s): IRC Matters 256-263, 342, 324, 325, 352, 357, 367-387, 398, 401, 403-406, 422-442 of 2013 and IRC Matters 256, 257, 259-263, 342, 324, 325, 352, 357, 367-387, 401, 403-406, 452, 453, 591, 737, 738 of 2013