Public Service Association and Professional Officers' Association Amalgamated Union of New South Wales v Industrial Relations Secretary of New South Wales [2021] NSWCA 64 — Jurisdictional Error & Judicial Review — Barrister AI
Public Service Association and Professional Officers' Association Amalgamated Union of New South Wales v Industrial Relations Secretary of New South Wales
1Where industrial awards are constrained by a regulatory cap (s 146C and the 2014 Regulation), the onus remains on the party seeking to alter the status quo to justify a remuneration increase; the existence of the cap does not create a presumption that existing awards are not fair and reasonable, nor shift the onus to employers to justify departure from the capped amount.
2A tribunal does not deny procedural fairness by accepting one party's submissions on the insufficiency of evidence where the opposing party had notice of and an opportunity to respond to those submissions; the tribunal's articulation of reasons for finding evidence insufficient does not constitute an unforeseeable requirement of which the unsuccessful party lacked notice.
3Whether illogicality or irrationality in intermediate fact-finding (as distinct from the ultimate decision) constitutes jurisdictional error was left open, but on the facts the Commission's evaluative assessment of competing economic evidence — including the relative fiscal multiplier of infrastructure spending versus wage increases — was neither irrational nor illogical.
Case Details
Citation[2021] NSWCA 64
Reported303 ALR 242
CourtNSWCA
JurisdictionNew South Wales
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