Miscellaneous Workers Home Care Industry (State) Award [2022] NSWIRComm 1024

Miscellaneous Workers Home Care Industry (State) Award [2022] NSWIRComm 1024

There was no employer party expressing an interest in the Award and no evidence that the Award applied to any employees. The Commission was satisfied that the Award was obsolete because there were no longer employees falling within its coverage, and that maintaining it on the off chance of residual coverage would be inconsistent with ss 19 and 20 of the Industrial Relations Act 1996. The Award was therefore rescinded pursuant to s 20(2).

Jurisdiction
Australia
Judgment Date
06 April 2022
Procedural Posture
Award Review / Decision and Orders Following Review of Award
Outcome
The Miscellaneous Workers Home Care Industry (State) Award was rescinded pursuant to s 20(2) of the Industrial Relations Act 1996.
Legal Topics
['awards' 'review of Awards' 'rescission of Obsolete Award']
['employment and Industrial Law'] ['awards' 'review of Awards' 'rescission of Obsolete Award']

Case Brief

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Procedural Posture

Award Review / Decision and Orders Following Review of Award

Legal Issues

  1. 1 ['Whether the Miscellaneous Workers Home Care Industry (State) Award had become obsolete because there were no longer any employees falling within its coverage.' 'Whether the Award should be rescinded pursuant to s 20(2) of the Industrial Relations Act 1996 rather than maintained on the possibility of unidentified residual coverage.']

Ratio Decidendi

There was no employer party expressing an interest in the Award and no evidence that the Award applied to any employees. The Commission was satisfied that the Award was obsolete because there were no longer employees falling within its coverage, and that maintaining it on the off chance of residual coverage would be inconsistent with ss 19 and 20 of the Industrial Relations Act 1996. The Award was therefore rescinded pursuant to s 20(2).

Court Disposition

The Miscellaneous Workers Home Care Industry (State) Award was rescinded pursuant to s 20(2) of the Industrial Relations Act 1996.

Orders

  • ['The Miscellaneous Workers Home Care Industry (State) Award is rescinded pursuant to s 20(2) of the Industrial Relations Act 1996.']