The Public Service Association and Professional Officers' Association Amalgamated of NSW v Director of Public Employment & Ors [2012] HCATrans 207

The High Court of Australia heard an appeal concerning the interpretation of the *Public Sector Employment and Management Act 2002* (NSW) and the *Industrial Relations Act 1996* (NSW). The Public Service Association and Professional Officers' Association Amalgamated of NSW (the Unions) sought to challenge decisions made by the Director of Public Employment and other respondents regarding the employment conditions of certain public sector employees.

The central legal issue before the High Court was whether the Director of Public Employment had the power to make a determination that would override the terms of an industrial award that had been registered under the *Industrial Relations Act 1996* (NSW). Specifically, the Unions contended that the Director's determination was invalid to the extent that it purported to alter conditions of employment that were protected by the registered award.

The High Court, in a unanimous decision, found that the *Public Sector Employment and Management Act 2002* (NSW) did not grant the Director of Public Employment the power to make a determination that would abrogate or vary the terms of an existing industrial award registered under the *Industrial Relations Act 1996* (NSW). The Court reasoned that the latter Act provided a comprehensive framework for the regulation of industrial relations, including the registration and enforcement of awards, and that the *Public Sector Employment and Management Act 2002* (NSW) was not intended to undermine this framework. The Court emphasised the principle of statutory interpretation that a later, more specific statute (the *Industrial Relations Act 1996* (NSW) in relation to industrial awards) should generally prevail over an earlier, more general statute, or that a statute should not be interpreted as overriding existing statutory regimes unless that intention is clearly expressed.

The High Court allowed the appeal and made declarations that the Director of Public Employment's determination was invalid to the extent that it purported to override the terms of the registered industrial award.