Rail, Tram and Bus Union of New South Wales & ors v Secretary for Transport [2017] NSWIRComm 1032

Industrial Relations Commission New South Wales Medium Neutral Citation: Rail, Tram and Bus Union of New South Wales & ors v Secretary for Transport [2017] NSWIRComm 1032 Hearing dates: 5, 6 June 2017 Date of orders: 16 June 2017 Decision date: 16 June 2017 Jurisdiction: Industrial Relations Commission Before: Newall C Decision: Application for award variations dismissed Catchwords: AWARD VARIATION – Commission's powers NO EXTRA CLAIMS CLAUSES– no extra claims clauses not deprive Commission of jurisdiction – powerful influence on discretion to vary an award - long-standing jurisprudence of Commission that such clauses stand against discretionary grant of variations constituting further claims – not in public interest to grant claims otherwise prevented by no extra claims clauses JURSIPRUDENCE – inappropriate to express obiter views about matters not necessary for determination of matter – Commission not empowered to give advisory opinions Legislation Cited: Civil Procedure Act 2005 s.57 Industrial Relations Act 1996 ss.17(3) Government Sector Employment Amendment (Transfers to Non-Government Sector) Regulation 2016 Government Sector Employment Regulation 2014 cl. 25A Cases Cited: Australian Co-operative Foods Limited & Transport Workers' Union of Australia New South Wales Branch re Industrial Bans [2002] NSWIRComm 1052 Health Professional and Medical Salaries (State) Award [1999] NSWIRComm 348 Health Services Union and Director-General, NSW Department of Health (2010) 193 IR 359 Public Service Association and Professional Officers Association Amalgamated Union of New South Wales v Roads and Maritime Services [2015] NSWIRComm 16 Re Corrections Health Service Nurses (State) Award (1999) 90 IR 235 Re: Crown Employees (Teachers in Schools and Related Employees) Salaries and Conditions Award [2008] NSWIRComm 209 Rebenta Pty Ltd v Wise [2009] NSWCA 212 Category: Principal judgment Parties: Rail, Tram and Bus Union of New South Wales; Seamen's Union of Australia, New South Wales Branch; Electrical Trades Union of Australia, New South Wales Branch (applicants) Secretary for Transport (respondent) NSW Industrial Relations Secretary (intervenor) Representation: Counsel: