State Working Hours Case 2003, Re [2003] NSWIRComm 86
The Commission determined to adopt, with the insertion of the words 'and carer' in the agreed 'reasonable overtime' clause, the principles and provisions of the National decision so as to broadly conform with anti-discrimination policies and ensure explicit reference to carer responsibilities, to be inserted into relevant NSW awards pursuant to s 50 and s 52 of the Industrial Relations Act 1996.
- Parties
- Industrial Party: Labor Council of New South Wales; Industrial Party: Minister for Industrial Relations; Industrial Party: Public Employment Office; Industrial Party: Employers First; Industrial Party: Australian Retailers Association, New South Wales Division; Industrial Party: Australian Business Industrial; Industrial Party: Australian Industry Group; Industrial Party: New South Wales Road Transport Association; Industrial Party: Housing Industry (Industrial Relations) Association; Intervener: President of the Anti-Discrimination Board
- Jurisdiction
- Australia
- Judgment Date
- 10 April 2003
- Procedural Posture
- Industrial Relations/general Application / Full Bench Determination Following Summons to Show Cause and Hearing
- Outcome
- Orders granted adopting the National decision with modification; reasonable overtime clause (with 'and carer') to be inserted in qualifying state awards; orders effective immediately.
- Legal Topics
- Hours of Work, Reasonable Overtime, Application of Federal Test Case Decision, Award Variation, Carer's Responsibilities, Anti Discrimination Provisions
Case Brief
Summary, issues, holding and outcome
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Parties
Labor Council of New South Wales
Industrial Party
Minister for Industrial Relations
Industrial Party
Public Employment Office
Industrial Party
Employers First
Industrial Party
Australian Retailers Association, New South Wales Division
Industrial Party
Australian Business Industrial
Industrial Party
Australian Industry Group
Industrial Party
New South Wales Road Transport Association
Industrial Party
Housing Industry (Industrial Relations) Association
Industrial Party
President of the Anti-Discrimination Board
Intervener
Procedural Posture
Industrial Relations/general Application / Full Bench Determination Following Summons to Show Cause and Hearing
Legal Issues
- 1 Whether the July 2002 AIRC decision constitutes a 'National decision' to be adopted in NSW
- 2 Whether the national test case standard on overtime should be modified for NSW awards
- 3 Whether a specific reference to 'carer responsibilities' should be included in the clause on unreasonable overtime
Ratio Decidendi
The Commission determined to adopt, with the insertion of the words 'and carer' in the agreed 'reasonable overtime' clause, the principles and provisions of the National decision so as to broadly conform with anti-discrimination policies and ensure explicit reference to carer responsibilities, to be inserted into relevant NSW awards pursuant to s 50 and s 52 of the Industrial Relations Act 1996.
Court Disposition
Orders granted adopting the National decision with modification; reasonable overtime clause (with 'and carer') to be inserted in qualifying state awards; orders effective immediately.
Orders
- Pursuant to s 50 and s 52 of the Industrial Relations Act 1996, adopted the National decision with modification as set out in the judgment.
- Ordered that on application, relevant awards be varied by the insertion of the modified reasonable overtime clause, including explicit reference to 'family and carer responsibilities'.
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