Public Service Association and Professional Officers’ Association Amalgamated Union of New South Wales v Industrial Relations Secretary & Anor [2020] NSWIRComm 1001

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 [2020] NSWIRComm 1001 Hearing dates: 10 December 2019 Date of orders: 13 January 2020 Decision date: 13 January 2020 Jurisdiction: Industrial Relations Commission Before: Commissioner Stanton, Commissioner Murphy and Commissioner Sloan Decision: (1) Leave to appeal is granted.

(2) The appeal is upheld in so far as the Commissioner found that cl 6(b)(iii) of the Crown Employees (Public Service Conditions of Employment) Reviewed Award ("Conditions Award") applies, and that cl 6(b)(v) of the Conditions Award does not apply, in the circumstances of this case.

(3) The findings of the Commissioner that in the circumstances of this case cl 6(b)(iii) of the Conditions Award applies, and that cl 6(b)(v) of the Conditions Award does not apply, are quashed.

(4) The appeal is otherwise dismissed.

(5) Matter number 2018/189728 will be remitted to Commissioner Webster for determination. Catchwords: EMPLOYMENT AND INDUSTRIAL LAW – Industrial Relations Commission – Appeals – award interpretation – meaning of the word "arrangement" in the phrase "industrial instrument or arrangement" – whether a system of regulation of employment conditions through employment contracts is an "arrangement" for the purposes of the award – whether such a system "comprehensively determines conditions of employment" so as to oust the operation of the award Legislation Cited: Government Sector Employment Act 2013 (NSW) Industrial Relations Act 1991 (NSW) s 275 Industrial Relations Act 1996 (NSW) ss 8, 105, 187, 188 Cases Cited: Australian, Municipal, Administrative, Clerical and Services Union v Commonwealth of Australia (acting through and represented by the Australian Taxation Office) [2018] FWCFB 1170 Branir Pty Limited v Owston Nominees (No 2) Pty Ltd [2001] FCA 1833; 117 FCR 424 Industrial Relations Secretary v Wattie [2017] NSWIRComm 1007 Legal & General Assurance Society Limited v Stock (1993) 49 IR 464 Minister for Immigration and Border Protection v SZVFW & Ors [2018] HCA 30 Public Service Association and Professional Officers' Association Amalgamated Union of New South Wales v Roads and Maritime Services [2015] NSWIRComm 16 Public Service Association and Professional Officers' Association Amalgamated Union of New South Wales v Industrial Relations Secretary & Anor (Destination NSW) [2019] NSWIRComm 1052 Reich v Client Server Professionals of Australia Pty Ltd (Administrator Appointed) (2000) 49 NSWLR 551; [2000] NSWIRComm 143 Category: Principal judgment Parties: Public Service Association and Professional Officers' Association Amalgamated Union of New South Wales (Appellant)