The Employment Law & Industrial Relations team advises and represents the NSW Government Sector in all matters concerning employment law and industrial relations. The team also advises and represents agencies in Work, Health & Safety prosecutions and assists with dispute resolution, whether by informal discussion, conciliation or mediation.
2017/00002851 –Equal Remuneration Case - Variation of the Crown Employees (School Administrative and Support Staff) Award.
This was a major industrial case brought by the Public Service Association ("PSA") in the NSW Industrial Relations Commission ("IRC"), seeking a variation to the Crown Employees (School Administrative and Support Staff) Award pursuant to the Equal Remuneration Principle. The PSA sought a substantial increase in hourly rates on the basis that the majority of employees covered by the award are female. The parties conciliated an agreed position and, by consent, made application for a new award to reflect the agreement. The decision of the Full Bench of the IRC has been reserved.
Addison v Commissioner of Police, NSW Police Force  NSWCATAD 99
A person's capacity to intimidate members of the community and other outlaw motorcycle gang ("OMCG") members and the criminal conduct of other OMCG members are significant considerations when determining whether that person is not fit, in the public interest, to have possession of a firearm under s. 73(1) of the Firearms Act 1996.
RMS v Leeman  FWCFB 5772
In this matter the Full Bench of the Fair Work Commission upheld a finding that if a NSW statutory corporation is relevantly a "trading corporation" for the purposes of s. 51(xx) of the Constitution (as RMS was found to be) that is, a constitutional corporation, then the Fair Work Commission has jurisdiction to make stop-bullying orders under the Fair Work Act 2009.
Davie v Industrial Relations Secretary (Department of Justice, Corrective Services NSW) (No. 2)  NSWIRComm 1056
Public Service employers do not have unfettered power to dismiss senior executives and the privative provision in s. 58(7) of the Government Sector Employment Act 2013 does not extend to exclude the Commission's jurisdiction to hear claims under s. 213 of the Industrial Relations Act 1996.