Shop Employees (State) Award [2022] NSWIRComm 1012

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 any employees falling within its coverage, and that it was appropriate to rescind it pursuant to s 20(2) of the Industrial Relations Act 1996.

Jurisdiction: Australia
Judgment Date: 10 March 2022
Procedural Posture: Review of Award / Determined in Chambers
Outcome: The Shop Employees (State) Award was rescinded pursuant to s 20(2) of the Industrial Relations Act 1996.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

Review of Award / Determined in Chambers

Legal Issues

1 ['Whether the Shop Employees (State) Award was obsolete because there were no longer any employees falling within its coverage.' 'Whether the Shop Employees (State) Award should be rescinded pursuant to s 20(2) of the Industrial Relations Act 1996.']

Ratio Decidendi

Court Disposition

The Shop Employees (State) Award was rescinded pursuant to s 20(2) of the Industrial Relations Act 1996.

Orders

['The Shop Employees (State) Award is rescinded pursuant to s 20(2) of the Industrial Relations Act 1996.']