Child Protection (Working with Children) Award 2014 [2015] NSWIRComm 8

Industrial Relations Commission New South Wales Medium Neutral Citation: Child Protection (Working with Children) Award 2014 [2015] NSWIRComm 8 Hearing dates: 3 February 2015 Date of orders: 19 March 2015 Decision date: 19 March 2015 Jurisdiction: Industrial Court of NSW Before: Walton J, President; Tabbaa C; Newall C Decision: The Full Bench makes the following orders and directions: (1) The application for the Child Protection (Working with Children) Award 2014 is dismissed. (2) The parties may file any submission, in writing, as to the proper title of the applicant on the Notice of Motion in these proceedings within seven days of the date of this decision. Catchwords: Notice of Motion – application for a new award – award to permit payment of allowance – summary dismissal or 'strike-out' application – statutory construction – all affected awards varied within current term – subject matter of expense-related allowances addressed at the time of variation – awards validly made – validly made award precludes any residual matters or extra claims – test for summary dismissal – no award can be made in the circumstances – test satisfied – summary dismissal application granted Legislation Cited: Industrial Relations Act 1996 Industrial Relations (Public Sector Conditions of Employment) Regulation 2014 Cases Cited: Crown Employees Wages Staff (Rates of Pay) Award 2011 and others [2015] NSWIRComm 7 Federated Municipal and Shire Council Employees' Union of Australia, New South Wales Division v Energy Australia (1999) 90 IR 311 General Steel Industries Inc v Commissioner for Railways [1964] HCA 69; (1964) 112 CLR 125 Nagle v Tilburg (1993) 51 IR 8 Public Service Association and Professional Officers' Association Amalgamated of NSW v Director of Public Employment [2012] HCA 58; (2012) 250 CLR 343 Secretary of the Treasury v Public Service Association [2014] NSWCA 138 Re Health Employees Conditions of Employment (State) Award and other Awards [2011] NSWIRComm 129; (2011) 208 IR 201 Speirs v Industrial Relations Commission (NSW) [2011] NSWCA 206; (2011) 81 NSWLR 348 Category: Principal judgment Parties: Unions NSW (Applicant on the primary application; Respondent on the Motion) Secretary of the Treasury (Respondent on the primary application; Applicant on the Motion) NSW Department of Education & Communities (Respondent on the primary application; Applicant on the Motion) Secretary, NSW Ministry of Health (Respondent on the primary application) Aged & Community Services Association of N.S.W. & ACT Incorporated (Respondent on the primary application) Ageing, Disability and Home Care (Respondent on the primary application) Anti-Discrimination Board of New South Wales (Respondent on the primary application) Australian Federation of Employers and Industries (Respondent on the primary application) Board of Studies, Teaching and Educational Standards (Respondent on the primary application) Corrective Services NSW (Respondent on the primary application) Department of Family and Community Services (Respondent on the primary application) Director General, Department of Transport (Respondent on the primary application) Health Administration Corporation (Respondent on the primary application) Health Care Complaints Commission (Respondent on the primary application) Leading Age Services Australia NSW – ACT (Respondent on the primary application) Local Government and Shires Association of New South Wales (Respondent on the primary application) Minister for Finance and Services (Respondent on the primary application) NSW Business Chamber Limited (Respondent on the primary application) NSW Police Force (Respondent on the primary application) New South Wales Rural Fire Service (Respondent on the primary application) NSW Technical and Further Education Commission (Respondent on the primary application) Roads and Maritime Services (Respondent on the primary application) State Transit Authority of New South Wales (Respondent on the primary application) Australian Rail, Tram and Bus Industry Union, New South Wales (Respondent on the primary application) Australian Salaried Medical Officers' Federation (New South Wales) (Respondent on the primary application) Emergency Medical Services Protection Association (NSW) (Respondent on the primary application) Health Services Union NSW (Respondent on the primary application) New South Wales Independent Education Union (Respondent on the primary application) New South Wales Nurses and Midwives' Association (Respondent on the primary application) New South Wales Teachers Federation (Respondent on the primary application) Public Service Association and Professional Officers' Association Amalgamated Union of New South Wales (Respondent on the primary application) The Broken Hill Town Employees' Union (Respondent on the primary application) United Voice, New South Wales Branch (Respondent on the primary application) Representation: Counsel: M Gibian of counsel (Applicant on the primary application; Respondent on the Motion) S B Benson of counsel (Respondents on the primary application (Secretary of the Treasury; Ageing, Disability and Home Care; Anti-Discrimination Board of New South Wales; Board of Studies, Teaching and Educational Standards, Corrective Services NSW; Department of Family and Community Services, Director General, Department of Transport, Minister for Finance and Services; NSW Department of Education and Communities; NSW Police Force; NSW Technical and Further Education Commission; Roads and Maritime Services and State Transit Authority of New South Wales); Applicants on the Motion)