Public Service Association and Professional Officers Association Amalgamated Union of New South Wales v Roads and Maritime Services [2015] NSWIRComm 16

Industrial Relations Commission New South Wales Medium Neutral Citation: Public Service Association and Professional Officers Association Amalgamated Union of New South Wales v Roads and Maritime Services [2015] NSWIRComm 16 Hearing dates: 23 March 2015 Date of orders: 16 June 2015 Decision date: 16 June 2015 Jurisdiction: Industrial Relations Commission Before: Walton J, President; Kite AJ; Newall C Decision: The Full Bench makes the following orders:

(1) The Full Bench confirms the grant of leave in the manner appearing in this decision otherwise refuse leave to appeal.

(2) The appeal is dismissed. Catchwords: APPEAL – Application for leave to appeal and appeal – award – inclusion of no extra claims clause – no extra claims clause not required by Industrial Relations (Public Sector Conditions of Employment) Regulation 2011 – discretion – adequacy of reasons for exercise of discretion to include no extra claims clause – power to include no extra claims clause without commitment by parties to award – inconsistency with Industrial Relations Act 1996. LEAVE TO APPEAL - principles – public interest – other cogent reasons justifying leave – adequate reasons supporting discretion – requirements of regulation explained in other recent decisions – leave granted in respect of question of power only. AWARD – no extra claims clause – proper construction of no extra claims clause – not inconsistent with Industrial Relations Act 1996 – appeal dismissed. Legislation Cited: Fair Work Act 2009 Industrial Relations Act 1996 Industrial Relations (Public Sector Conditions of Employment) Regulation 2011 Cases Cited: Aboud v State of New South Wales (Department of School Education) [1999] NSWIRComm 449; 92 IR 32I Crown Employees (Teachers in Schools and Related Employees) Salaries and Conditions Award and Crown Employees (Teachers in TAFE and Related Employees) Salaries and Conditions Award [2008] NSWIRComm 209; 181 IR 245 Crown Employees Wages Staff (Rates of Pay) Award 2011 and others [2015] NSWIRComm 7 Child Protection (Working with Children) Award 2014 [2015] NSWIRComm 8 Hosemans v Commissioner of Police (No 4) (2005) 150 IR 263 House v The King [1936] HCA 40; 55 CLR 499 King v State Bank of New South Wales (No 2) [2002] NSWIRComm 353; 126 IR 407 Mace v Murray [1955] HCA 2; 92 CLR 370 Project Blue Sky Inc v Australian Broadcasting Authority [1998] HCA 28; 194 CLR 355 Re Corrections Health Service Nurses' State Award (1999) 90 IR 235 Roads and Maritime Services Division of the Government Service – Consolidated Salaried Employees Award 2013 (No 2) [2014] NSWIRComm 32 State Transit Authority of New South Wales v Australian Rail, Tram and Bus Industry Union, New South Wales Branch, Bus and Tram Division [2014] NSWIRComm 41 Toyota Motor Corporation Australia Limited v Marmara [2014] FCAFC 84; 222 FCR 152 Transport Workers' Union of New South Wales v Linfox Australia Pty Ltd (No 2) [2014] NSWIRComm 57 Category: Principal judgment Parties: Public Service Association and Professional Officers Association Amalgamated Union of NSW (Appellant) Roads and Maritime Services Division of the Government Service of New South Wales (First Respondent) Australian Institute of Marine and Power Engineers New South Wales District (Respondent) Australian Maritime Officers' Union of New South Wales (Respondent) Australian Services Union of New South Wales (Respondent) Maritime Union of Australia (New South Wales Branch) (Respondent) The Association of Professional Engineers, Scientists and Managers Australia (New South Wales Branch) (Respondent) The Seamens' Union of Australia, New South Wales Branch (Respondent) Unions NSW (Respondent) Representation: Counsel: M Gibian of counsel (Appellant) S E J Prince of counsel (First respondent)