Police Association of New South Wales v Commissioner of Police [2020] NSWIRComm 1018

Industrial Relations Commission New South Wales Medium Neutral Citation: Police Association of New South Wales v Commissioner of Police [2020] NSWIRComm 1018 Hearing dates: 25 February 2020 Date of orders: 18 March 2020 Decision date: 18 March 2020 Jurisdiction: Industrial Relations Commission Before: Commissioner Sloan Decision: I order that to the extent that these proceedings relate to the application by the Police Association of New South Wales that the Commission make the Crown Employees (Police Officers Medical Discharge Process) Award: (1) the proceedings be stayed pending the expiration of the Crown Employees (Police Officers - 2017) Award; and (2) the parties have liberty to apply, on reasonable notice, to have the matter restored to the list for the purpose of making directions for the further conduct of the proceedings after 30 June 2020. Catchwords: EMPLOYMENT AND INDUSTRIAL LAW – Awards and enterprise agreements – Approval and creation – application for new award – alleged contravention of "no further claims" provision in existing award – alleged failure to comply with dispute resolution provisions in existing award – whether application should be permanently stayed Legislation Cited: Industrial Relations Act 1996 (NSW) ss 130, 131, 163 Police Act 1990 (NSW) ss 94B, 199I Police Amendment (Death and Disability) Act 2011 (NSW) Cases Cited: Crown Employees (Roads and Traffic Authority of New South Wales Salaried Staff) Award [2011] NSWIRComm 1017 New South Wales Nurses and Midwives' Association v Health Secretary on behalf of Western NSW Local Health District [2019] NSWIRComm 1025 NSW Ministry of Health v Health Services Union New South Wales and anor [2019] NSWIRComm 1035 Police Association of New South Wales v Commissioner of Police [2019] NSWIRComm 1076 Rail, Tram and Bus Union of New South Wales & ors v Secretary for Transport [2017] NSWIRComm 1032 Re Corrections Health Services Nurses' Award (1999) 90 IR 235; [1999] NSWIRComm 123 Re Crown Employees (Teachers in Schools and Related Employees) Salaries and Conditions Award and Crown Employees (Teachers in TAFE and Related Employees) Salaries and Conditions Award [2008] NSWIRComm 209 Category: Procedural and other rulings Parties: Police Association of New South Wales (Notifier)