Miscellaneous Workers Home Care Industry (State) Award [2007] NSWIRComm 1054

Miscellaneous Workers Home Care Industry (State) Award [2007] NSWIRComm 1054

Because the parties were content for the existing State home care award to remain in its present form and the Commission was satisfied that it continued to comply with s 19 of the Industrial Relations Act 1996, the award was retained unchanged and a new State award was made in those terms.

Jurisdiction
Australia
Judgment Date
31 August 2007
Procedural Posture
Notice of Award Review Pursuant to S 19 of the Industrial Relations Act 1996 / Decision After Hearing
Outcome
Existing State home care award retained unchanged; new State award made in those terms.
Legal Topics
['award Review' 'home Care Industry' 'common Rule State Award' 'domestic Work in Private Residences']
['industrial Relations' 'employment Law'] ['award Review' 'home Care Industry' 'common Rule State Award' 'domestic Work in Private Residences']

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Procedural Posture

Notice of Award Review Pursuant to S 19 of the Industrial Relations Act 1996 / Decision After Hearing

Legal Issues

  1. 1 ['Whether the Miscellaneous Workers Home Care Industry (State) Award should be retained in its present form following review under s 19 of the Industrial Relations Act 1996.' 'Whether the award continued to comply with the requirements of s 19 of the Industrial Relations Act 1996.']

Ratio Decidendi

Because the parties were content for the existing State home care award to remain in its present form and the Commission was satisfied that it continued to comply with s 19 of the Industrial Relations Act 1996, the award was retained unchanged and a new State award was made in those terms.

Court Disposition

Existing State home care award retained unchanged; new State award made in those terms.

Orders

  • ['The Miscellaneous Workers Home Care Industry (State) Award shall be retained in its present form.' 'The review process is completed on that basis.' 'A new State award is made in those terms operative from the beginning of the first pay period to commence on or after Friday, 31 August 2007.']