Roof Tile Makers (State) Award [2005] NSWIRComm 1079

Roof Tile Makers (State) Award [2005] NSWIRComm 1079

The Commission determined that the offending provision of Clause 7.2.2 conflicted with section 27 of the Act and was therefore to have no effect by operation of section 27(4). It was appropriate to delete this provision from the Award and include 'responsibilities as a carer' in the antidiscrimination clause.

Parties
Party: CSR Limited; Party: The Federated Brick, Tile and Pottery Industrial Union of Australia, New South Wales Branch
Jurisdiction
Australia
Judgment Date
26 May 2005
Procedural Posture
Award Review / Supplementary Decision
Outcome
Award varied. Proceedings concluded.
Legal Topics
Award Variation, Sick Leave, Antidiscrimination
Industrial Law Award Variation Sick Leave Antidiscrimination

Case Brief

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Parties

CSR Limited

Party

The Federated Brick, Tile and Pottery Industrial Union of Australia, New South Wales Branch

Party

Procedural Posture

Award Review / Supplementary Decision

Legal Issues

  1. 1 Whether Clause 7.2.2 of the Roof Tile Makers (State) Award contravenes section 27 of the Industrial Relations Act 1996 [NSW]
  2. 2 Whether the antidiscrimination provisions of the Award omit reference to responsibilities as a carer

Ratio Decidendi

The Commission determined that the offending provision of Clause 7.2.2 conflicted with section 27 of the Act and was therefore to have no effect by operation of section 27(4). It was appropriate to delete this provision from the Award and include 'responsibilities as a carer' in the antidiscrimination clause.

Court Disposition

Award varied. Proceedings concluded.

Orders

  • Deletion of offending provisions in Clause 7.2.2 regarding payment of untaken sick leave.
  • Insertion of 'and responsibilities as a carer' at the end of Clause 1.3.1 of the Award.