Public Service Association and Professional Officers’ Association Amalgamated Union of New South Wales v Industrial Relations Secretary & Anor (Destination NSW) [2019] NSWIRComm 1052

Industrial Relations Commission New South Wales Medium Neutral Citation: Public Service Association and Professional Officers' Association Amalgamated Union of New South Wales v Industrial Relations Secretary & Anor (Destination NSW) [2019] NSWIRComm 1052 Hearing dates: 28 May 2019 Decision date: 06 August 2019 Jurisdiction: Industrial Relations Commission Before: Commissioner Webster Decision: The Crown Employees (Public Service Conditions of Employment) Reviewed Award 2009 does not apply to non-executive public service employees working within Destination NSW. Catchwords: Interlocutory decision – award coverage – interpretation of award coverage clause - historical context of award coverage – meaning of other industrial instrument or arrangement – whether arrangement must be a collective arrangement – intention to maintain status quo with respect to coverage – change in coverage clause not intended to extend coverage to new groups of employees Legislation Cited: Destination NSW Act 2011 (NSW) Government Sector Employment Act 2013 (NSW) Homebush Motor Racing (Sydney 400) Act 2008 (NSW) Public Sector Employment and Management Act 2002 (NSW) Tourism New South Wales Act 1984 (NSW) Cases Cited: Amcor Ltd v Construction, Forestry, Mining and Energy Union [2005] HCA 10 City of Wanneroo v Holmes [1989] FCA 369 Director of Public Employment (by her Agent the Commissioner of New South Wales Fire Brigades) v New South Wales Fire Brigades Employees' Union [2008] NSWIRComm 158 George A Bond & Co Ltd (in liq) v McKenzie [1929] AR (NSW) 498 Health Services Union New South Wales v Ambulance Service of New South Wales [2017] NSWIRComm 1057 Kucks v CSR Ltd (1996) 66 IR 182 New South Wales Nurses and Midwives' Association v Health Secretary on behalf of Western NSW Local Health District [2019] NSWIRComm 1025 Public Service Association and Professional Officers' Association Amalgamated Union of New South Wales v Secretary of the Treasury (2014) 87 NSWLR 41 Re Crown Employees (Public Service Conditions of Employment) Reviewed Award 2009 [2017] NSWIRComm 1008 Secretary of the Department of Transport (in respect of Roads and Maritime Services) v Construction, Forestry, Mining, and Energy Union, New South Wales Branch [2018] NSWIRComm 1038 State Transit Authority of New South Wales v Australian Rail, Tram and Bus Industry Union, New South Wales Branch, Bus and Tram Division [2014] NSWIRComm 41 Texts Cited: Online Oxford English Dictionary Category: Procedural and other rulings Parties: Public Service Association and Professional Officers' Association Amalgamated Union of New South Wales (Applicant)