Crown Employees Wages Staff (Rates of Pay) Award 2011 and others [2015] NSWIRComm 7

Industrial Relations Commission New South Wales Medium Neutral Citation: Crown Employees Wages Staff (Rates of Pay) Award 2011 and others [2015] NSWIRComm 7 Hearing dates: 8 July and 27 November 2014 Date of orders: 19 March 2015 Decision date: 19 March 2015 Jurisdiction: Industrial Relations Commission Before: Walton J, President; Tabbaa C; Newall C Decision: The Full Bench makes the following orders and directions: (1) The applications in matter numbers IRC 466, 467, 469 to 471, 473 to 487 and 489 to 513 of 2014 are refused. (2) The parties may file any submission, in writing, as to the proper title of the applicant in matter numbers IRC 466, 467 and 473 to 485 of 2014 within seven days of this decision. Catchwords: Award – applications for no extra claims clause – whether clause required to be inserted in awards – statutory construction – legislative intention to be given effect – subordinate words – statutory intention achieved without insertion of clause – clause in terms not required – policy to be observed – applications refused Legislation Cited: Industrial Relations Act 1996 Industrial Relations (Public Sector Conditions of Employment) Regulation 2014 Government Sector Employment Act 2013 State Revenue and Other Legislation Amendment (Budget Measures) Act 2014 Cases Cited: Public Service Association and Professional Officers' Association Amalgamated Union of New South Wales v Department of Education and Communities [2013] NSWIRComm 32; (2013) 233 IR 345 Public Service Association and Professional Officers' Association Amalgamated of NSW v Director of Public Employment [2012] HCA 58; (2012) 250 CLR 343 Category: Principal judgment Parties: Secretary of the Treasury (Respondent in matters IRC 179, 181, 189, 243, 299-302 and 317 of 2014; Applicant in matters IRC 466, 467, and 473-485 and of 2014) Secretary, NSW Ministry of Health (Respondent in matters IRC 244-265, 375 and 376 of 2014; Applicant in matters IRC 486, 487, 489 and 491-513 of 2014) Independent Transport Safety Regulator (Respondent in matter IRC 185 of 2014; Applicant in matter IRC 469 of 2014) Independent Commission against Corruption (Respondent in matter IRC 186 of 2014; Applicant in matter IRC 470 of 2014) Independent Pricing and Regulatory Tribunal (Respondent in matter IRC 187 of 2014; Applicant in matter IRC 471 of 2014) Landcom (Respondent in matter IRC 183 of 2014; Applicant in matter IRC 490 of 2014) Public Service Association and Professional Officers' Association Amalgamated Union of NSW (Applicant in matters IRC 179, 181, 183, 185-187 and 189 of 2014; Respondent in matters IRC 466, 467, 469-471 and 490 of 2014) Australian Salaried Medical Officers' Federation (New South Wales) (Applicant in matters IRC 243 and 244 of 2014; Respondent in matters IRC 474 and 489 of 2014) Australian Workers' Union, New South Wales (Applicant in matter IRC 317 of 2014; Respondent in matters IRC 479-485 of 2014) New South Wales Nurses and Midwives' Association (Respondent in matters IRC 486 and 487 of 2014) Health Services Union NSW (Applicant in matters IRC 245-265 of 2014; Respondent in matters IRC 375, 376 and 491-513 of 2014) Representation: Counsel: A Britt of counsel (Respondent in matters IRC 179, 181, 185-187, 189, 243, 299-302 and 317 of 2014; Applicant in matters IRC 466, 467, 469-471 and 473-485 of 2014) M Gibian of counsel (Applicant in matters IRC 179, 181, 183, 185-187, 189, 243-265, 317, 375 and 376 of 2014; Respondent in matters IRC 466, 467, 469-471, 473, 474, 479-487, 489-513 of 2014) I Latham of counsel (Respondent in matter IRC 513 of 2014)