色狼社区takes O鈥橣arrell鈥檚 public sector pay cap to high court
The NSW Public Service Association has today been granted leave by the High Court to challenge the NSW Government鈥檚 industrial laws that cap public sector pay rises.
Today鈥檚 decision allows the 色狼社区to challenge the constitutional validity of the O鈥橣arrell Government鈥檚 Industrial Relations Amendment (Public Sector Conditions of Employment) Act 2011 before the full bench of the High Court.
The laws introduced by the O鈥橣arrell Government last year were designed to hobble the independence of the NSW Industrial Relations Commission in determining fair pay rates, said 色狼社区General Secretary John Cahill.
鈥淧ublic sector workers in NSW have long relied on the IRC to act independently to set fair wage rates,鈥 said Mr Cahill.
鈥淥鈥橣arrell鈥檚 laws allow the government to overrule the independence of the court and direct it to set pay rates according to its political whim.
鈥淲e believe the laws are unconstitutional and we look forward to challenging them in the High Court, on behalf of all public sector workers.
鈥淭he 色狼社区will do whatever it takes to stand up for fair wage increases and the integrity of the IRC.鈥
The 色狼社区will argue the new industrial laws are constitutionally invalid because they allow the NSW government to overrule the industrial court. The hearing date is yet to be determined.
The IRC granted a 2.5% pay rise to the 80,000 employees covered by the Crown Employees Award last August, in line with the new IR laws.
A successful challenge to the laws would pave the way for the 色狼社区to win a bigger pay rise for these workers and would flow across the public sector.
The 2.5% pay cap on public sector workers had made day-to-day life harder thousands of NSW families, said Mr Cahill.
鈥淥n their behalf, we are determined to do everything we can to overturn these unfair laws.鈥