Public Service Assn of SA Inc v Industrial Relations COMM'NR of SA & Chief Executive, Dept of Premier and Cabinet

The Public Service Association of South Australia Inc (PSA) sought judicial review of decisions made by the Industrial Relations Commission of South Australia and its Full Commission. The dispute concerned the Commission's jurisdiction to hear two notifications lodged by the PSA: one regarding the security of employment for public sector employees, and the second concerning recreation leave loading and long service leave entitlements for those employees. A Commissioner had ruled that the Commission lacked jurisdiction over both matters, finding they did not constitute an "industrial dispute" or relate to an "industrial matter" as defined by section 26 of the *Fair Work Act 2009* (SA). This decision was subsequently upheld on appeal by the Full Commission.

The central legal issue before the Supreme Court of South Australia was whether the Industrial Relations Commission had erred in law by determining it lacked jurisdiction to hear the PSA's notifications. This involved an examination of the scope of "industrial dispute" and "industrial matter" under the relevant South Australian legislation. The PSA sought to challenge the jurisdictional rulings of the Commission and its Full Commission.

The Court noted that the PSA had conceded that its disputes concerning job security and recreation leave loading had become moot. Furthermore, the second defendant argued that the long service leave entitlement issue was also moot due to an amendment to the *Public Sector Act 2009* (SA). Given these concessions and submissions regarding mootness, the Court considered whether it should proceed with the judicial review. The Court ultimately determined that it would not grant the orders sought, implicitly finding that the issues raised were no longer live matters for determination.