Nursing Homes &c., Nurses' (State) Award, Re (No 3) [2004] NSWIRComm 263

Nursing Homes &c., Nurses' (State) Award, Re (No 3) [2004] NSWIRComm 263

In light of the common ground between the parties, the special circumstances of the case, and the principles governing interim awards, the Commission determined that an interim increase should be granted. A uniform five per cent increase for all classifications from the first pay period to commence on or after 27 August 2004 would not embarrass the final result of the award proceedings.

Jurisdiction
Australia
Judgment Date
02 September 2004
Procedural Posture
Applications to Vary the Nursing Homes &c., Nurses' (state) Award / Full Bench Extempore Decision on Interim Increase During Award Variation Proceedings
Outcome
Application granted; award varied.
Legal Topics
['award Variation' 'wage Fixation' 'interim Awards' "nursing Home Nurses' Salaries"]
['industrial Relations' 'employment Law'] ['award Variation' 'wage Fixation' 'interim Awards' "nursing Home Nurses' Salaries"]

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Procedural Posture

Applications to Vary the Nursing Homes &c., Nurses' (state) Award / Full Bench Extempore Decision on Interim Increase During Award Variation Proceedings

Legal Issues

  1. 1 ['Whether the Commission should grant a further interim increase in the particular circumstances of the proceedings.' 'What quantum of interim increase should be granted.' 'Whether any interim increase should be uniform between classifications, including Assistants In Nursing, Registered Nurses and Enrolled Nurses.']

Ratio Decidendi

In light of the common ground between the parties, the special circumstances of the case, and the principles governing interim awards, the Commission determined that an interim increase should be granted. A uniform five per cent increase for all classifications from the first pay period to commence on or after 27 August 2004 would not embarrass the final result of the award proceedings.

Court Disposition

Application granted; award varied.

Orders

  • ['An interim increase for all classifications of five per cent is operative from the first pay period to commence on or after 27 August 2004.' "Directions were made as to the filing of relevant documentation by the New South Wales Nurses' Association."]