NSWIRComm Rescinds Obsolete Employment Award

The Industrial Relations Commission rescinded the Crown Employees (Department of Industry) Land Information Officers Award due to its obsolescence and lack of applicability to current employees.

[NAME] Commission New South Wales Medium Neutral Citation: Crown Employees (Department of Industry) Land Information Officers Award [2021] NSWIRComm 1096 Hearing dates: Determined in Chambers Date of orders: 14 December 2021 Decision date: 14 December 2021 Jurisdiction: [NAME] Commission Before: Commissioner [NAME] Decision: The Crown Employees (Department of Industry) Land Information Officers Award is rescinded pursuant to s 20(2) of the [NAME] Act 1996. Catchwords: EMPLOYMENT AND [NAME] of awards – rescission of obsolete award Legislation Cited: [NAME] Act 1996 ss 19, 20 Cases Cited: Nil Texts Cited: Nil Category: Principal judgment Parties: [NAME] The Public Service Association and Professional Officers' Association Amalgamated Union of New South Wales Representation: [NAME] ([NAME]) [NAME] ([NAME]) [NAME] ([NAME]) File Number(s): 2021/134696 Publication restriction: No

decision 1. On 7 July 2021 the [NAME] Registrar issued a Notice of Award Review ("Notice"), giving notice of the Commission's intention to review the Crown Employees (Department of Industry) Land Information Officers Award ("Award") pursuant to s 19 of the [NAME] Act 1996 ("Act"). The Notice was issued to the [NAME] and the Public Service Association and Professional Officers' Association Amalgamated Union of New South Wales ("[NAME]"), being the parties identified by the [NAME] Registrar, from records kept by the [NAME], as having an interest in the Award.

2. On 15 September 2021 the Commission received an email from [NAME], a Senior [NAME] in the Department of Regional NSW ("[NAME]"). In his email, [NAME] informed the Commission that [NAME] had identified three employees as covered by the Award, but that a process had commenced, in consultation with the employees, to change their classifications so that they would fall under other awards "which are in common use within [NAME]".

3. The matter was listed for mention on 24 September 2021. [NAME] appeared, as did [NAME] of the [NAME]. [NAME] informed me that the process of "converting" the three [NAME] employees to other awards was expected to be completed by 18 October 2021, after which [NAME] would have no interest in the Award. He said that enquiries had been made of Public Sector Employee [NAME] to ascertain whether there were employees in other parts of the public service who fell under the Award. [NAME], understandably, took the position that the [NAME] would "wait on the agencies to do their homework".

4. On 8 October 2021 the Commission received an email from [NAME], an Advisor, Public Sector Employee [NAME] in the Department of Premier and Cabinet. In his email [NAME] stated: "As per the attached orders relating to matter number 2021/00134696, Public Sector Employee [NAME] ([NAME]) have conducted a scan across the public sector to confirm if any employees are covered under the Crown Employees (Department of Industry) Land Information Officers Award (LIO Award). [NAME] can advise that the majority of agencies have confirmed they have no staff covered under this Award. [NAME] are however still waiting to confirm whether any employees within the Department of Planning, Industry and Environment (DPIE) are covered under the LIO Award which DPIE feels is unlikely. However, [NAME] are still waiting for confirmation on this. To remind the Commission, there are currently 3 employees within the Department of Regional NSW covered under the LIO Award, however these individuals will be transferring to the Admin and Clerical Award within this month. Given the likelihood that no employees will be covered under the LIO Award in the near future, we question the utility of the Award remaining in operation."

1. On 11 October 2021 the Commission received a further email from [NAME], which stated: "DPIE have confirmed they have no employees covered under this Award. The Department of Regional NSW ([NAME]), the Department of Planning Industry and Environment, Department of Customer Service and Public Sector Employee [NAME] have no objection to the LIO Award being rescinded once the last 3 employees from [NAME] are removed from the Award (within the month of October 2021)."

1. The matter was listed for mention on 30 November 2021. [NAME] stated that he was waiting for approval to confirm that the [NAME] had no objection to the Award being rescinded.

2. On 2 December 2021 the Commission received an email from [NAME], which stated: "The [NAME] can confirm that the [NAME] will not object to the proposed rescission of the Crown Employees (Land Information Officers) Award by the NSW IRC, now that there is a definitive understanding that there are no longer NSW public servants subject to the provisions of the Award."

1. I am satisfied that the Award is obsolete in that there are no longer any employees falling within its coverage. It is appropriate that an order be made that it be rescinded.

Order 1. The Crown Employees (Department of Industry) Land Information Officers Award is rescinded pursuant to s 20(2) of the [NAME] Act 1996. [NAME] Commissioner

********** DISCLAIMER - Every effort has been made to comply with suppression orders or statutory provisions prohibiting publication that may apply to this judgment or decision. The onus remains on any person using material in the judgment or decision to ensure that the intended use of that material does not breach any such order or provision. Further enquiries may be directed to the Registry of the Court or Tribunal in which it was generated. Decision last updated: 14 December 2021