Staff Specialists (State) Award and other awards [2017] NSWIRComm 1065

Industrial Relations Commission New South Wales Medium Neutral Citation: Staff Specialists (State) Award and other awards [2017] NSWIRComm 1065 Hearing dates: 18 September 2017 Date of orders: 26 October 2017 Decision date: 26 October 2017 Jurisdiction: Industrial Relations Commission Before: Kite SC Chief Commissioner; Murphy C; Seymour C Decision: Applications by the Ministry of Health for new awards granted. Applications by Australian Salaried Medical Officers Federation and Health Services Union, New South Wales for variations are refused. Catchwords: AWARD APPLICATIONS – applications by ASMOF and HSU to vary awards for 2.5% increase in rates of pay and/or allowances – applications by Ministry of Health for new awards without current provisions dealing with managing excess employees – section 146C of Industrial Relations Act 1996 – clause 6(1)(f) of Industrial Relations (Public Sector Conditions of Employment) Regulation 2014 – previous clause 6(1)(f) declared invalid – awards made without current provisions dealing with managing excess employees Legislation Cited: Constitution Act 1902 s 5 Industrial Relations Act 1996 (NSW) s 21(1)(c), s 24, s 146C Industrial Relations (Public Sector Conditions of Employment) Regulation 2011 (NSW) cl 6(1)(f) Industrial Relations (Public Sector Conditions of Employment) Regulation 2014 cl 6 (1)(f) State Revenue and Other Legislation Amendment (Budget Measures) Act 2014 (NSW) Cases Cited: Building Construction Employees and Builders' Labourers Federation of New South Wales v Minister for Industrial Relations and Anor (1986) 7 NSWLR 372 Public Service Association and Professional Officers' Association Amalgamated Union of New South Wales v State of New South Wales [2014] NSWCA 116 Public Service Association and Professional Officers' Association Amalgamated Union of New South Wales v Department of Education and Communities (2013) 233 IR 345; 2013 NSWIRComm 320 Re Crown Employees (School Administrative and Support Staff) Award [2012] NSWIRComm 127 Category: Principal judgment Parties: Australian Salaried Medical Officers Federation (ASMOF) (Applicant/Respondent) Health Services Union, New South Wales (HSU) (Applicant/Respondent) Ministry of Health (Respondent/Applicant) NSW Industrial Relations Secretary (Intervener) Representation: Counsel: M Gibian (ASMOF and HSU) M Easton (Ministry of Health) T Wong (NSW Industrial Relations Secretary)