The Secretary of the Treasury (Corrective Services NSW) v Public Service Association and Professional Officers' Association Amalgamated Union of New South Wales [2014] NSWCA 446

Court of Appeal Supreme Court New South Wales Medium Neutral Citation: The Secretary of the Treasury (Corrective Services NSW) v Public Service Association and Professional Officers' Association Amalgamated Union of New South Wales [2014] NSWCA 446 Hearing dates: 7 November 2014 Decision date: 19 December 2014 Before: Basten JA at [1]; Ward JA at [42]; Rothman J at [101] Decision: 1. Allow the appeal and set aside the declarations made by the Industrial Court on 8 May 2014. [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: INDUSTRIAL LAW - interpretation of award - overtime entitlement for work in excess of "daily roster pattern" - interpretation of "daily roster pattern" - reliance on work schedule principles applicable to full-time correctional officers - whether primary judge erred in finding "daily" pattern was to be viewed over 24 hour rolling period - whether primary judge erred in finding that entitlement to overtime exists where casual officer works more than one 8 hour shift in any 24 hour period

JUDGMENTS & ORDERS - declaration - interpretation of award - whether declaration appropriate relief when effect on rights uncertain - Industrial Relations Act 1996 (NSW) s 154 Legislation Cited: Crown Employees (Correctional Officers, Department of Attorney General and Justice - Corrective Services NSW) Award Crown Employees (Public Service Conditions of Employment) Reviewed Award 2009 Industrial Relations Act 1996 (NSW), ss 6, 11, 15, 130, 145, 146, 151, 153, 154, 403A, 403B Supreme Court Act 1970, s 75A Cases Cited: Amcor Ltd v Construction, Forestry, Mining and Energy Union [2005] HCA 10; 222 CLR 241 Be Financial Pty Ltd v Das [2012] NSWCA 164 City of Wanneroo v Holmes [1989] FCA 369; (1989) 30 IR 362 Geo A Bond & Co Ltd (In liq) v McKenzie [1929] AR(NSW) 498 Graham Barclay Oysters Pty Ltd v Ryan [2002] HCA 54; (2002) 211 CLR 540 In re Iron & Steel Works Employees (Australian Iron & Steel Ltd - Port Kembla) Award [1957] AR (NSW) 429 New South Wales Teachers' Federation v Public Service Board [1968] AR (NSW) 507 Owners of the Ship 'Shin Kobe Maru' v Empire Shipping Co Inc [1994] HCA 5; (1994) 181 CLR 404 Public Service Association and Professional Officers' Association Amalgamated Union of New South Wales v Secretary of the Treasury [2014] NSWIRComm 12 Re Brack; Ex parte Operative Painters and Decorators Union of Australia (1984) 58 ALJR 125 Texts Cited: JD Heydon, MJ Leeming and PG Turner, Meagher, Gummow and Lehane's Equity: Doctrines and Remedies (5th ed, 2015, LexisNexis) at [19-140] Category: Principal judgment Parties: The Secretary of the Treasury (Corrective Services NSW) (Applicant) Public Service Association and Professional Officers' Association Amalgamated Union of New South Wales (Respondent) Representation: Counsel: J Murphy (Applicant) M Gibian (Respondent) Solicitors: Crown Solicitor's Office (Applicant) W. G. McNally Jones Staff (Respondent) File Number(s): CA 2014/00153162 Publication restriction: Nil Decision under appeal Citation: Public Service Association and Professional Officers' Association Amalgamated Union of New South Wales v Secretary of the Treasury [2014] NSWIRComm 12 Date of Decision: 2014-05-08 00:00:00 Before: Boland AJ File Number(s): IRC 289 of 2013