Broken Hill Commerce and Industry Consent Award. Application by the Barrier Industrial Council for a new award [2009] NSWIRComm 1095

Broken Hill Commerce and Industry Consent Award. Application by the Barrier Industrial Council for a new award [2009] NSWIRComm 1095

The County of Yancowinna exclusion in rule 3 of the SDANSW rules was of limited operation and qualified only the nominated photographic classes of employees, not the whole rule. The SDANSW was registered under Ch 5 of the Industrial Relations Act 1996 and its rules encompassed coverage of employees who would be covered by the proposed award, giving it sufficient interest under s11; evidence that it had at least one such member provided further support. However, because the current status of the new award application was unclear, the Commission did not finally vary the award and instead directed the applicants to confirm whether the new award application remained on foot.

Jurisdiction
Australia
Judgment Date
11 December 2009
Procedural Posture
Award Application; Notice of Motion Seeking Party Status Under Proposed Award / Decision on Notice of Motion With Directions for Further Proceedings
Outcome
The Commission found the SDANSW had relevant coverage and sufficient interest and would be minded to afford it party status in any award made in IRC08/1885, but deferred final action because the status of the application for a new award was unclear and listed the matter for further proceedings.
Legal Topics
['award Application' 'party Status' 'registered Industrial Organisation' 'constitutional Coverage Under Union Rules' 'county of Yancowinna' 'award Variation']
['industrial Relations' 'employment Law'] ['award Application' 'party Status' 'registered Industrial Organisation' 'constitutional Coverage Under Union Rules' 'county of Yancowinna' 'award Variation']

Case Brief

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Procedural Posture

Award Application; Notice of Motion Seeking Party Status Under Proposed Award / Decision on Notice of Motion With Directions for Further Proceedings

Legal Issues

  1. 1 ["Whether the Shop Distributive and Allied Employees' Association, New South Wales Branch had constitutional coverage under its rules of employees in the County of Yancowinna who would be covered by the proposed award." "Whether the Shop Distributive and Allied Employees' Association, New South Wales Branch had a sufficient interest under s11 of the Industrial Relations Act 1996 to be afforded party status in the award proceedings." 'Whether the application in IRC08/1885 for a new award remained current or had been overtaken by the making of the reviewed award in IRC08/698.']

Ratio Decidendi

The County of Yancowinna exclusion in rule 3 of the SDANSW rules was of limited operation and qualified only the nominated photographic classes of employees, not the whole rule. The SDANSW was registered under Ch 5 of the Industrial Relations Act 1996 and its rules encompassed coverage of employees who would be covered by the proposed award, giving it sufficient interest under s11; evidence that it had at least one such member provided further support. However, because the current status of the new award application was unclear, the Commission did not finally vary the award and instead directed the applicants to confirm whether the new award application remained on foot.

Court Disposition

The Commission found the SDANSW had relevant coverage and sufficient interest and would be minded to afford it party status in any award made in IRC08/1885, but deferred final action because the status of the application for a new award was unclear and listed the matter for further proceedings.

Orders

  • ['The Barrier Industrial Council and Broken Hill Chamber of Commerce Inc were directed to confirm in writing by 2.00pm on Tuesday, 15 December 2009 whether they still sought the making of a new award in IRC08/1885 or sought to discontinue the proceedings.' 'Copies of that correspondence were to be provided by the...