The Australian Workers’ Union, New South Wales Branch v Secretary of the Department of Transport as Head of the Transport Service of New South Wales (Roads and Maritime Services Group) [2019] NSWIRComm 1036

Industrial Relations Commission New South Wales Medium Neutral Citation: The Australian Workers' Union, New South Wales Branch v Secretary of the Department of Transport as Head of the Transport Service of New South Wales (Roads and Maritime Services Group) [2019] NSWIRComm 1036 Hearing dates: 5, 6 February 2018 Date of orders: 21 June 2019 Decision date: 21 June 2019 Jurisdiction: Industrial Relations Commission Before: Stanton C Decision: Application for a direction by the Commission dismissed. Recommendations made in resolution of dispute. Catchwords: INDUSTRIAL DISPUTE - clause 28.7 of the Award -application for interpretation pursuant to s.175 of Industrial Relations Act 1996 - relevant principles of interpretation of awards and industrial instruments – directions sought - recommendations made for settlement of industrial dispute. Legislation Cited: Industrial Relations Act 1996 Industrial Relations (Public Sector Conditions of Employment) Regulation 2014 Cases Cited: Builders Labourers' Federation (1981) FCA 49; (1981) 54 FLR 358 Bull v Attorney-General (NSW) 17 CLR 370 Fire and Rescue NSW v Fire Brigade Employees' Union of New South Wales [2018] NSWIRComm 1076 Health Services Union New South Wales and Ambulance Service of New South Wales [2017] NSWIRComm 1057 Kucks v CSR Limited (1996) 66 IR 182 Master Builders' Association of Victoria v The Australian Building Construction Employees' & Watcham v Attorney-General of the East Africa' Protectorate [1919] AC 533 Zoological Parks Board of New of South Wales v The Australian Workers' Union (2004) 135 IR 56 Texts Cited: Roads and Maritime Services (Wages Staff) Award 2017 Roads and Maritime Services (Traffic Signals Staff) Award 2015 Roads and Maritime Services (Wages Staff) Award 2015 Roads and Maritime Services Division of the NSW Government Service (Wages Staff) Award Crown Employees (Roads and Traffic Authority of New South Wales - Wages Staff) Award 2008 Crown Employees (Roads & Traffic Authority - Wages Staff) Award 2005 Crown Employees (Roads and Traffic Authority of New South Wales - Wages Staff) Award 2002 Category: Principal judgment Parties: The Australian Workers' Union, New South Wales Branch (notifier)