Public Service Association and Professional Officers’ Association Amalgamated Union of New South Wales v Industrial Relations Secretary (on behalf of the Office of Environment and Heritage) and Australian Workers’ Union, New South Wales [2020] NSWIRComm 1015

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 (on behalf of the Office of Environment and Heritage) and Australian Workers' Union, New South Wales [2020] NSWIRComm 1015 Hearing dates: 9, 10 and 11 April 2018 Date of orders: 04 March 2020 Decision date: 04 March 2020 Jurisdiction: Industrial Relations Commission Before: Chief Commissioner Kite SC Decision: 1. It is appropriate to make demarcation orders. 2. The existing awards should be varied to ensure coverage is in accordance with the demarcation orders proposed. 3. Leave is granted to make written submissions within 14 days of publication of these reasons on the form of the proposed orders. Catchwords: INDUSTRIAL ORGANISATIONS – demarcation – existing or threatened conduct preventing, obstructing or restricting the performance of work - wishes of employees – existence of agreement between Organisations – effect of making orders on operations of employer – consequences of not making orders AWARD COVERAGE – principles of interpretation Legislation Cited: Kosciusko State Park Act 1944 (NSW) National Parks and Wildlife Act 1967 (NSW) National Parks and Wildlife Act 1974 (NSW) Cases Cited: Bond v McKenzie (1929) AR 498 Health Services Union New South Wales and Ambulance Service of New South Wales [2017] NSWIRComm 1057 In re The Boilermakers Society of Australia, Sydney Branch No 1 [1965] AR 350 at 352 Public Service Association (NSW) v Australian Workers Union (NSW) (1990) 36 IR 221 Re Bread Manufacturers Industrial Association of Australia [1992] 45 IR 102 Category: Principal judgment Parties: Public Service Association and Professional Officers' Association Amalgamated Union of New South Wales (Applicant) Industrial Relations Secretary (First Respondent) Australian Workers' Union, New South Wales (Second Respondent) Electrical Trades Union of Australia, New South Wales Branch (Third Respondent) Representation: Counsel: D Chin with M Liang (Applicant) K Nomchong SC with L Saunders (First Respondent) S Crawford, Solicitor (Second Respondent) A McKinnon, Legal Officer (Third Respondent)