CROWN EMPLOYEES (ADMINISTRATIVE AND CLERICAL OFFICERS - SALARIES) AWARD 2007 AND ORS; Notice of Award Review issued pursuant to section 19 of the Industrial Relations Act 1996 [2016] NSWIRComm 1028

Industrial Relations Commission New South Wales Medium Neutral Citation: CROWN EMPLOYEES (ADMINISTRATIVE AND CLERICAL OFFICERS - SALARIES) AWARD 2007 AND ORS; Notice of Award Review issued pursuant to section 19 of the Industrial Relations Act 1996 [2016] NSWIRComm 1028 Hearing dates: 12/01/2016 Decision date: 24 June 2016 Jurisdiction: Industrial Relations Commission Before: Stanton C Decision: Application for the insertion of a no extra claims clause in awards pursuant to s 19 Review dismissed Catchwords: Section 19 Review – purpose of review – relevant principles – purpose of proposed clause – award making and award variation powers – s 146C of Act – Industrial Relations (Public Sector Conditions of Employment) Regulation 2014 – exercise of Commission's discretion – application should proceed pursuant to s 17 of Act. Legislation Cited: Industrial Relations Act 1996 Fair Work Act 2009 (Cth) Cases Cited: Crown Employees (Public Sector – Salaries 2015) Award 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 Crown Employees Wages Staff (Rates of Pay) Award 2011 and others [2015] NSWIRComm 7 Industrial Relations (Public Sector Conditions of Employment) Regulation 2014 Principles for Review of Awards – State Decision [1998] NSWIRComm 661; (1998) 85 IR 38 Public Service Association and Professional Officers' Association Amalgamated of NSW v Director of Public Employment (2012) 87 ALJR 162; (2012) 293 ALR 450; (2012) 228 IR 316; [2012] HCA 58 Public Service Association and Professional Officers Association Amalgamated Union of New South Wales v Roads and Maritime Services [2015] NSWIRComm 16 Category: Principal judgment Parties: Industrial Relations Secretary of New South Wales New South Wales Rural Fire Service Public Service Association and Professional Officers' Association Amalgamated of New South Wales Unions NSW Representation: Mr M Eastman of Counsel for the Industrial Relations Secretary of New South Wales Mr R Mouwad for New South Wales Rural Fire Service Mr D Smith for the Public Service Association and Professional Officers' Association Amalgamated of New South Wales Ms S Davis for Unions NSW File Number(s): 2016/5749 (see Appendix A for other additional award applications)