The Secretary of the Treasury (Corrective Services NSW) v Public Service Association and Professional Officers' Association Amalgamated Union of New South Wales

The appeal concerned the interpretation of an industrial award regarding overtime entitlements for casual correctional officers. The Secretary of the Treasury (Corrective Services NSW) appealed a decision of the Industrial Court of New South Wales, which had made declarations in favour of the Public Service Association and Professional Officers' Association Amalgamated Union of New South Wales. The core of the dispute revolved around the meaning of "daily roster pattern" in the context of overtime for casual officers.

The Industrial Court was required to determine whether the primary judge had erred in finding that the "daily roster pattern" should be interpreted over a 24-hour rolling period. Specifically, the court had to consider whether a casual officer was entitled to overtime if they worked more than one eight-hour shift within any 24-hour period, as opposed to working in excess of a standard daily roster. The court also considered whether a declaration was an appropriate form of relief given the uncertainty surrounding its effect on the parties' rights.

The Court of Appeal allowed the appeal, setting aside the declarations made by the Industrial Court. The reasoning focused on the interpretation of the award, finding that the primary judge's approach to the "daily roster pattern" was not supported by the award's language. The court concluded that the entitlement to overtime was not triggered simply by working more than one shift in a 24-hour period, but rather by working in excess of the established "daily roster pattern" as defined within the award. The court found that the declarations made by the Industrial Court were inappropriate.