Late last year the NSW Industrial Relations Secretary sought to include ‘No Extra Claims’ (NEC) clauses into a number of public sector awards as part of the Section 19 Award Review Process.

A hearing was held in January this year, with Submissions made by Public Sector Industrial Relations (PSIR), NSW Rural Fire Service, PSA and Unions NSW.

The Unions NSW and PSA submissions opposed PSIR’s claim, arguing the Section 19 Award Review was not the appropriate mechanism for the inclusion NEC clauses and that using this particular mechanism to insert NEC clauses would substantially alter the intended purpose of the Section 19 Award Review process. The Unions NSW Submission is attached here  

On 24 June the Industrial Relations Commission handed down a decision opposing the inclusion of NEC clauses in awards through the Section 19 Award Review Process. A copy of the decision is attached here

Whilst the NSW Government will still be able to seek to modify public sector Awards to include NEC clauses using award variations this decision means they cannot have it done as a matter of course during the Section 19 Award Review process.

The Commission has set a hearing date for Tuesday, 2 August 2016 at 10.30am to finalise the outstanding Awards which are affected by this decision. A list of the affected Awards are included in the attached decision.

If you have any questions regarding this decision or the awards that it applies to, please contact me via email or on 0422 483 280.

Kind regards,

Kate Minter
Research Officer
Unions NSW


Tagged: Public sector  /   Circulars

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