09 June 2022
15 min read
#Government, #Workplace Relations & Safety
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After a series of long-running disputes with public service unions, the NSW Government announced on Monday 6 June that it will increase the long-standing 2.5 per cent wage cap on public sector wages to 3 per cent over the next two financial years. A further 0.5 per cent will become available in 2023-24 for employees who contribute to productivity-enhancing reforms.
The NSW Government also announced a one-off ‘thank-you’ payment of $3,000 for NSW Health Workers, recognising their efforts during the COVID-19 pandemic. The new wages policy aims to support productivity reforms and the modernisation of the public service.
The announcement comes off the back of a series of strikes and other industrial action from teachers, train drivers, nurses and paramedics. As recently as this week, the unions representing the public sector have threatened widespread industrial action in order to raise wages. The wages cap, first introduced in NSW in 2011, has received widespread criticism from unions. While unions acknowledge the proposed increase, they assert it is not enough to alleviate the rising cost of living and does not translate to a substantive growth in real wages. The unions continue to press for the cap to be removed altogether, or at minimum, raised to 5.1 per cent mirroring the inflation rate.
Although the government hopes the increase will promote workforce stability, the unions have already announced plans for further industrial action, with members of the NSW Public Service Association having gone on strike on Wednesday 8 June. The rise in interest rates announced by the Reserve Bank of Australia this week will also apply further pressure for change.
In 2019, the Reserve Bank governor, Phillip Lowe, pointed out that fixed wage caps on public sector wages have a wider impact by entrenching wage stagnation across other sectors. Further, unions suggest that the new public sector increase in NSW acts as a benchmark for private sector employers and can stall momentum for wage growth in the private sector.
It is yet to be seen how the increase will impact private sector wages in NSW or public sector wages in other states.
We will continue to monitor and update you on developments in this area.
Authors: Michael Selinger & Julia Wyatt
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In a press conference today, NSW Premier Dominic Perrottet announced a “significant investment” of $1.7 billion to supply NSW with 2000 more paramedics, as well as additional support staff, nurses and doctors (5 June 2022). More...
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NSW flood inquiry to hear from residents, businesses and local government in north-western Sydney
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It’s down tools as NSW government backtracks on Sunday construction
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Thousands more to benefit from free TAFE for trades to combat skills shortage
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Commonwealth
AAT Bulletin Issue No.11/2022 30 May 2022
The AAT Bulletin is a fortnightly publication containing information about recently published decisions and appeals against decisions in the AAT’s General, Freedom of Information, National Disability Insurance Scheme, Security, Small Business Taxation, Taxation & Commercial and Veterans’ Appeals Divisions. Read more here.
NSW
Supreme Court of NSW Decisions Reversed as at 3 June 2022. Read more here.
Supreme Court of NSW Decisions Reversed as at 27 May 2022. Read more here.
Local Government NSW – President’s Message
Local Government NSW President Cr Darriea Turley AM reflects on issues and achievements affecting local government this week (1 June 2022). Read more here.
Infrastructure NSW – State Infrastructure Strategy 2022-2042
The Strategy sets out Infrastructure NSW’s independent advice to the NSW Government on the State’s needs and strategic priorities for infrastructure over the long term (31 May 2022). Read the report here.
NSW Department of Planning and Environment – Metal recycler fined $250,000
A metal recycler in Sydney’s west has been fined $250,000 after pleading guilty to breaching the approval conditions of its facility. The Department of Planning and Environment’s Deputy Secretary for Development Assessments, David Gainsford, said the judgment is a result of prosecution brought against Sell & Parker following an investigation (26 May 2022). Read the article here.
Bioenergy Australia – Renewable Energy and Agriculture in NSW
Bioenergy Australia appreciate the opportunity to respond to the NSW Government’s review of the adequacy of existing frameworks regarding renewable energy and agriculture in NSW by the NSW Agriculture Commissioner Daryl Quinliven (May 2022). Read the submission here.
Hunter Development Brokerage Pty Limited trading as HDB Town Planning and Design v Singleton Council [2022] NSWLEC 64
ENVIRONMENT AND PLANNING –class 1 appeal – application to modify a development consent pursuant to s 4.56 Environmental Planning and Assessment Act 1979 (NSW) – electricity generating power plant – coal tailings used as fuel – addition of biomass as fuel source – whether proposed development substantially the same – not substantially the same – appeal dismissed.
Environmental Planning and Assessment Act 1979 (NSW).
Johnson v Wollondilly Shire Council [2022] NSWCATAD 182
Administrative Law – access to government information – diminish the competitive commercial value of information – prejudice any person’s legitimate business – prejudice the effective exercise of agency’s functions – disclosure of information provided to an agency in confidence – balancing public interest considerations.
Civil and Administrative Tribunal Act 2013; Administrative Decisions Review Act 1997.
Tom v Commissioner of Fair Trading [2022] NSWCATOD 57
ADMINISTRATIVE LAW – REVIEW OF DECISION BY EXTERNAL DECISION-MAKER – decision to cancel contractor licence and disqualify a licence holder pursuant to section 62 of the Home Building Act 1989 (NSW); PRACTICE AND PROCEDURE – INTERLOCUTORY ORDER – joining a complainant to proceedings – access for the purposes of an inspection.
Administrative Decisions Review Act 1997; Civil and Administrative Tribunal Act 2013; Civil and Administrative Tribunal Rules 2014; Home Building Act 1989; Liquor Act 2007; Police Act 1990.
Gabriel v TAFE NSW [2022] NSWCATAD 175
HUMAN RIGHTS – discrimination – direct discrimination – racial discrimination – educational institution.
Anti-Discrimination Act 1977 (NSW); Civil and Administrative Tribunal Act 2013 (NSW).
Thomas v Commissioner of Victims Rights [2022] NSWCATAD 177
ADMINISTRATIVE LAW – merits review – Victims Rights and Support – whether all of the victims support directly resulted from a relevant offence – reasonableness of financial support – alleged financial hardship.
Administrative Decisions Review Act 1997 (NSW); Civil and Administrative Decisions Tribunal Act 2013 (NSW); Crimes (Domestic and Personal Violence) Act 2007 (NSW); Crimes (Sentencing and Procedure) Act 1999 (NSW); Fines Act 1996 (NSW); Victims Rights and Support Act 2013 (NSW); Victims Rights and Support Regulation 2019 (NSW).
Adams v Commissioner for Police [2022] NSWCATAD 178
ADMINISTRATIVE LAW – access to government information – overriding public interest consideration against disclosure of information sought (cl 1(d), 1(e), 1(f), 1(h) and 3(a) of the Table to s 14(2) of the Government Information (Public Access) Act 2009) – dealing with the access application would require an unreasonable and substantial diversion of resources.
Administrative Decisions Review Act 1997 (NSW); Freedom of Information Act 1982 (Cth); Freedom of Information Act 1989 (NSW) (repealed); Government Information (Public Access) Act 2009 (NSW); Government Information (Public Access) Amendment Act 2018; Privacy and Personal Information Protection Act 1998 (NSW).
Wolf Matthews v Secretary, Department of Education [2022] NSWCATAD 173
HUMAN RIGHTS – discrimination – equal opportunity – racial discrimination – racial vilification – victimisation – leave required for complaint to proceed – whether complaint lacking in substance – whether redress sufficient or appropriate – whether a ‘public act’ – principles applying to grant of leave.
Anti-Discrimination Act 1977; Civil and Administrative Tribunal Act 2013.
SafeWork NSW v Carricks Plumbing and Gasfitting Pty Ltd [2022] NSWDC 175
CRIMINAL LAW – prosecution – work health and safety – duty of persons undertaking business – risk of death or serious injury; SENTENCE – objective seriousness – mitigating factors – aggravating factors – plea of guilty – general deterrence – specific deterrence – parity – appropriate sentence – strong subjective case – capacity to pay; OTHER – s 19(1) of the Work Health and Safety Act 2011 (NSW).
Crimes (Sentencing Procedure) Act 1999 (NSW); Fines Act 1996 (NSW); Work Health and Safety Act 2011 (NSW); Work Health and Safety Regulation 2011 (NSW).
SafeWork NSW v Form Group NSW Pty Ltd [2022] NSWDC 176
CRIMINAL LAW – prosecution – work health and safety – duty of persons undertaking business – duty of employers – risk of death or serious injury – worker injured; SENTENCING – objective seriousness – deterrence – aggravating factors – mitigating factors – capacity to pay a fine – penalty; SENTENCING PRINCIPLES – no record of previous convictions – good prospects of rehabilitation – remorse – plea of guilty – assistance to law enforcement authorities.
Crimes (Sentencing Procedure) Act 1999; Fines Act 1996; Work Health and Safety Act 2011; Work Health and Safety Regulation 2017.
SafeWork NSW v Piergrosse [2022] NSWDC 174
CRIMINAL LAW – prosecution – work health and safety – duty of persons undertaking business – risk of death or serious injury; SENTENCE – objective seriousness – mitigating factors – aggravating factors – plea of guilty – general deterrence – specific deterrence – parity – appropriate sentence – strong subjective case – capacity to pay; OTHER – s 19(1) of the Work Health and Safety Act 2011 (NSW).
Crimes (Sentencing Procedure) Act 1999 (NSW); Work Health and Safety Act 2011 (NSW).
Pittorino v Commissioner of Police (No 2) [2022] NSWCATAD 166
ADMINISTRATIVE REVIEW – Licensing – Firearms – criminal history – traffic history – close associates – public interest – public safety.
Administrative Decisions Review Act 1997; Civil and Administrative Tribunal Act 2013; Firearms Act 1996.
FNN v Cumberland City Council [2022] NSWCATAD 169
ADMINISTRATIVE LAW – Procedure – application for disqualification – bias – perceived bias.
Civil and Administrative Tribunal Act 2013; Interpretation Act 1987; Privacy and Personal Information Protection Act 1998; Workers’ Inquiry Management and Workers’ Compensation Act (NSW) 1998.
NSW
Regulations and other miscellaneous instruments
Environmental Planning and Assessment Amendment (Temporary Emergency Facilities) Regulation 2022 LW 3 June 2022
Heavy Vehicle (Adoption of National Law) Amendment Regulation 2022 LW 3 June 2022
Rail Safety National Law National Regulations (Reporting Requirements) Amendment Regulations 2022 LW 3 June 2022
Retirement Villages Amendment (Operator Obligations) Regulation 2022 LW 3 June 2022
Administrative Arrangements (Administrative Changes—Miscellaneous) Order (No 6) 2022 LW 1 June 2022
Community Land Management Amendment (COVID-19) Regulation 2022 LW 1 June 2022
Liquor Amendment (Online Age Verification Requirements) Regulation 2022 LW 1 June 2022
Strata Schemes Management Amendment (COVID-19) Regulation 2022 LW 1 June 2022
Essential Services Proclamation 2022 LW 30 May 2022
Essential Services Regulation 2022 LW 30 May 2022
Civil and Administrative Tribunal (Amendment No 8) Rule 2022 LW 27 May 2022
Environmental Planning and Assessment Amendment (Moorebank Freight Intermodal Precinct) Regulation 2022 LW 27 May 2022
Final Determination LW 27 May 2022
Mutual Recognition (New South Wales) Temporary Exemptions Regulation 2022 LW 27 May 2022
Poisons and Therapeutic Goods Amendment (Vaccines) Regulation 2022 LW 27 May 2022
Trans-Tasman Mutual Recognition (New South Wales) Temporary Exemptions Regulation 2022 LW 27 May 2022
Public Health Amendment (COVID-19 Air and Maritime Arrivals) Regulation 2022 LW 24 May 2022
Environmental Planning Instruments
Campbelltown Local Environmental Plan 2015 (Map Amendment No 6) LW 3 June 2022
Great Lakes Local Environmental Plan 2014 (Amendment No 23) LW 3 June 2022
Maitland Local Environmental Plan 2011 (Map Amendment No 2) LW 3 June 2022
Muswellbrook Local Environmental Plan 2009 (Amendment No 16) LW 3 June 2022
State Environmental Planning Policy Amendment (Temporary Emergency Facilities) 2022 LW 3 June 2022
Camden Local Environmental Plan Amendment (Precincts – Western Parkland City) (Map Amendment No 1) LW 27 May 2022
Goulburn Mulwaree Local Environmental Plan 2009 (Map Amendment No 6) LW 27 May 2022
Mosman Local Environmental Plan 2012 (Amendment No 11) LW 27 May 2022
Mosman Local Environmental Plan Amendment (Complying Development) 2022 LW 27 May 2022
Parramatta (former The Hills) Local Environment Plan 2012 (Amendment No 1) LW 27 May 2022
Parramatta (former The Hills) Local Environmental Plan 2012 (Map Amendment No 1) LW 27 May 2022
State Environmental Planning Policy (Transport and Infrastructure) Amendment (Moorebank Freight Intermodal Precinct) 2022 LW 27 May 2022
Tweed Local Environmental Plan 2014 (Amendment No 36) LW 27 May 2022
Bellingen Local Environmental Plan 2010 (Amendment No 14) LW 26 May 2022
Gosford Local Environmental Plan 2014 (Amendment No 41) LW 26 May 2022
Inverell Local Environmental Plan 2012 (Amendment No 5) LW 26 May 2022
Disclaimer
The information in this publication is of a general nature and is not intended to address the circumstances of any particular individual or entity. Although we endeavour to provide accurate and timely information, we do not guarantee that the information in this article is accurate at the date it is received or that it will continue to be accurate in the future.
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