Crown Employees (Correctional Officers, Department of Corrective Services) Award 2007 for Kempsey, Dillwynia and Wellington Correctional Centres [2014] NSWIRComm 44

Industrial Relations Commission New South Wales Medium Neutral Citation: Crown Employees (Correctional Officers, Department of Corrective Services) Award 2007 for Kempsey, Dillwynia and Wellington Correctional Centres [2014] NSWIRComm 44 Hearing dates: 19 June 2013, 3 and 4 April and 28 May 2014 Decision date: 08 October 2014 Jurisdiction: Industrial Relations Commission Before: Walton J, President; Staff J; Tabbaa C Decision: We answer the question posed by CSNSW as 'No'. In terms of the refinement of that question during the course of proceedings, we conclude that the savings deriving from the deletion of eight custodial positions from the Correctional Centres fell outside the meaning of employee-related cost savings in cl 9(1) of the Industrial Relations (Public Sector Conditions of Employment) Regulation 2014 due to the operation of sub-clause (d) of that clause. Catchwords: AWARD - application to vary award -referral of questions to Full Bench pursuant to s 193(1) - proceedings referred by President to Full Bench - interlocutory issue - operation of s 146C - were the savings relied upon by the PSA employee-related cost savings having regard to cl 9(1)(d) of the Regulation? - savings arising from Memorandum of Understanding - question whether those savings are savings additional to 'whole of Government savings measures' - application of the principles of statutory interpretation - required to make factual determinations - statement evidence and documentary evidence - savings are 'whole of Government savings' - cannot be relied upon to sustain the amended application - answer to the question is 'No' - savings deriving from the deletion of eight custodial positions from the Correctional Centres fell outside the meaning of employee-related cost savings in cl 9(1) by virtue of cl 9(1)(d) - matter to be listed for directions. Legislation Cited: Industrial Relations Act 1996 Industrial Relations (Public Sector Conditions of Employment) Regulation 2011 Industrial Relations (Public Sector Conditions of Employment) Regulation 2014 Industrial Relations Amendment (Public Sector Conditions of Employment) Act 2011 Interpretation Act 1987 Cases Cited: Certain Lloyd's Underwriters Subscribing to Contract No IH00AAQS v Thelander [2012] HCA 56; (2012) 248 CLR 378; (2012) 293 ALR 412 Health Employees Conditions of Employment (State) Award and other Awards [2011] NSWIRComm 129 HSU east and Director-General, Department of Finance and Services [2012] NSWIRComm 112 Public Service Association and Professional Officers' Amalgamated Unions of New South Wales v Department of Education and Communities [2013] NSWIRComm 32 Public Service Association and Professional Officers' Associated Amalgamated Union of New South Wales [2014] NSWCA 116 Public Service Association and Professional Officers' Association Amalgamated Union of NSW v Director General, Department of Premier and Cabinet [2010] NSWIRComm 59 Re Corrections Health Service Nurses' (State) Award (1999) 90 IR 235 Re Crown Employees (NSW Fire Brigade Retained Firefighting Staff) Award 2008 [2012] NSWIRComm 122 Re Crown Employees (Public Sector - Salaries 2011) Award (No 3) [2011] NSWIRComm 104 Re Crown Employees Wages Staff (Rates of Pay) Award 2011 & Ors [2013] NSWIRComm 53 State Wage Case 2010 (No 2) [2011] NSWIRComm 29 Taylor v The Owners - Strata Plan No 11564 [2014] HCA 9; (2014) 306 ALR 547; (2014) 88 ALJR 473 Texts Cited: Macquarie Dictionary 2nd Revision Category: Procedural and other rulings Parties: Public Services Association and Professional Officers' Association Amalgamated Union of New South Wales (Applicant) Corrective Services NSW (Respondent) Representation: M Gibian of counsel (Applicant) J V Murphy of counsel (Respondent)