Re Crown Employees (New South Wales Department of Family and Community Services) Residential Centre Support Services Staff Award 2015; ; Re Crown Employees Ageing, Disability and Homecare - NSW Department of Family and Community Services (Community Living Award) 2015 [2017] NSWIRComm 1058

Industrial Relations Commission New South Wales Medium Neutral Citation: Re Crown Employees (New South Wales Department of Family and Community Services) Residential Centre Support Services Staff Award 2015; ; Re Crown Employees Ageing, Disability and Homecare - NSW Department of Family and Community Services (Community Living Award) 2015 [2017] NSWIRComm 1058 Hearing dates: 21, 27 and 28 July 2017 Date of orders: 30 August 2017 Decision date: 30 August 2017 Jurisdiction: Industrial Relations Commission Before: Chief Commissioner Kite SC, Commissioner Murphy and Commissioner Seymour Decision: We are satisfied that it is necessary to set fair and reasonable conditions in accordance with s 10 of the Industrial Relations Act to vary the Awards by inserting and or varying;

1. rates and allowances provisions in accordance with the claims made by the applicant;

2. salary packaging clauses in the form sought by the applicant;

3. "Paid Special Sick Leave" clauses in the form sought by the applicant; and

4. "no extra claims" clauses in the form proposed by the respondent.

We are satisfied that it is necessary to set fair and reasonable conditions in accordance with s 10 of the Industrial Relations Act to vary the Community Living Award by inserting a "Rostering Principles" clause in accordance with paragraph [116].

We are satisfied that it is not contrary to the public interest to make the variations. We award accordingly.

The awards will take effect on and from 1 July 2017 and have a nominal term of 12 months.

The applicant is directed to file short minutes giving effect to our awards by noon on 31 August 2017. Catchwords: Awards - applications for variation – wage fixing principles – special case – fair and reasonable conditions of employment – unilateral transfer of employment – public sector employees transferred to non-government sector – preservation of entitlements – non-award benefits - no extra claims clause – rostering principles – paid special sick leave – consultation clause Legislation Cited: Community Services Act 1987(NSW) Fair Work Act 2009 (Cwlth) Part 6-3A, ss 768AD, 768AI Government Sector Employment Act 2013 (NSW) s 50 Industrial Relations Act 1996 (NSW) ss 10, 17, 146 National Disability Insurance Scheme (NSW Enabling) Act 2013 (NSW) ss 3,4,5,6,7,9,13,14,15,16 and17 Cases Cited: Aust. Fertilizers Ltd v. Aust. Workers' Union (N.S.W. Branch) [1983] 4 IR 263 City of Sydney Wages/Salary Award 2014 [2014] NSWIRComm 49 Crown Employees (Christmas – New Year and Easter Half- Day Leave) Award – Unreported. Matter No. 328 of 1990, 26 March 1991 Department of Community Services v Health and Research Employees Association of New South Wales [1992] 45 IR 453 In re Dispute – Concessional Leave, Fairfield Municipal Council 1969 AR 567 In re Hairdressers, &c., Females (State) Award (1927 AR 144 Notification under s.25A of Industrial Arbitration Act by New South Wales Public Service Professional Officers Association of a dispute with New South Wales Government re intention to withdraw half day Easter Eve concession – Unreported. Matter No. 1587 of 1989, 11 April 1990 Public Employment Industrial Relations Authority v Health and Research Employees' Association (NSW) [1994] 54 IR 162 Public Service Association and Professional Officers' Association Amalgamated Union of New South Wales v Secretary of the Treasury [2014] NSWIRComm 23; 87 NSWLR 41 Re Crown Employees (Christmas, New Year and Easter Half-Day Award [1991] 39 IR 440 Re Operational Ambulance Officers (State) Award [2001] NSWIRComm 331; 113 IR 384 State Wage Case 2016 [2016] NSWIRComm 12 Category: Principal judgment Parties: Public Service Association and Professional Officers Association Amalgamated Union of New South Wales (Applicant) Industrial Relations Secretary (Respondent) Representation: Counsel: M Gibian for the Applicant R C Kenzie QC with R Warren and A Perigo for the Respondent