Secretary of the Treasury v Public Service Association & Professional Officers' Association Amalgamated Union of NSW

The Secretary of the Treasury sought judicial review of a decision made by Boland P of the Industrial Relations Commission of New South Wales. The dispute concerned the interpretation and application of clause 6(1)(a) of the *Industrial Relations (Public Sector Conditions of Employment) Regulation 2011* (NSW), which prescribed conditions for the payment of wages to Crown employees. The Public Service Association and Professional Officers' Association Amalgamated Union of NSW was the respondent. The matter came before the Court of Appeal of New South Wales, constituted by Bathurst CJ, Beazley P, and Meagher JA.

The central legal issue before the Court of Appeal was whether the Industrial Relations Commission, in its determination, had misconceived the extent of its powers by misinterpreting clause 6(1)(a) of the Regulation. This involved considering the principles of statutory interpretation, particularly how to give effect to the express words of a legislative provision and how to understand the relationship between different clauses within a regulation. The Court also had to consider the implications of a limited conferral of jurisdiction on a court or tribunal when assessing the potential for jurisdictional error.

The Court of Appeal reasoned that the Industrial Relations Commission had erred in its construction of clause 6(1)(a). It held that the Commission had failed to give full effect to the plain meaning of the words used in the provision, thereby exceeding its lawful authority. The Court applied established principles of statutory interpretation, emphasizing that legislative intention must be ascertained from the words of the statute itself, and that a tribunal must not act outside the scope of the powers conferred upon it. The Court found that the Commission's misinterpretation constituted a jurisdictional error.

Consequently, the Court of Appeal ordered that the decision of Boland P be quashed and remitted the matter to a member of the Industrial Relations Commission to be dealt with according to law.