State Wage Case 2000 (No 2) [2000] NSWIRComm 104

State Wage Case 2000 (No 2) [2000] NSWIRComm 104

Because the omission of a reference to the State Wage Case 2000 would fail to provide for absorption of the increase granted in that decision, and because all parties supported a simpler clause consistent with the National decision and avoiding confusion from references to successive State Wage Case decisions, Principle 8(d) was varied to refer only to the State Wage Case 2000 decision and awards already varied to include the superseded clause were further varied by general order.

Jurisdiction
Australia
Judgment Date
20 June 2000
Procedural Posture
State Wage Case; Summons to Show Cause on the Commission's Own Initiative; Application by Labor Council of New South Wales Re Award Safety Net Review May 2000 / Supplementary Extempore Decision After Re Listing to Consider Amendment to Principle 8(d) of the Wage Fixing Principles
Outcome
Principle 8(d) of the Wage Fixing Principles was varied; a general order was made varying affected awards; the Industrial Registrar was directed to make necessary variations when awards are presented for settlement.
Legal Topics
['state Wage Case' 'wage Fixing Principles' 'award Safety Net Review' 'absorption Clause' 'variation of Awards' 'general Order']
['industrial Relations' 'wage Fixation'] ['state Wage Case' 'wage Fixing Principles' 'award Safety Net Review' 'absorption Clause' 'variation of Awards' 'general Order']

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Procedural Posture

State Wage Case; Summons to Show Cause on the Commission's Own Initiative; Application by Labor Council of New South Wales Re Award Safety Net Review May 2000 / Supplementary Extempore Decision After Re Listing to Consider Amendment to Principle 8(d) of the Wage Fixing Principles

Legal Issues

  1. 1 ['Whether Principle 8(d) should be varied to remove references to the June 1998 and 1999 State Wage Case decisions and substitute a reference to the State Wage Case 2000 decision.' 'Whether awards already varied since 30 May 2000 to include the superseded absorption clause should be further varied by general order.']

Ratio Decidendi

Because the omission of a reference to the State Wage Case 2000 would fail to provide for absorption of the increase granted in that decision, and because all parties supported a simpler clause consistent with the National decision and avoiding confusion from references to successive State Wage Case decisions, Principle 8(d) was varied to refer only to the State Wage Case 2000 decision and awards already varied to include the superseded clause were further varied by general order.

Court Disposition

Principle 8(d) of the Wage Fixing Principles was varied; a general order was made varying affected awards; the Industrial Registrar was directed to make necessary variations when awards are presented for settlement.

Orders

  • ["Pursuant to s 51(4) of the Industrial Relations Act 1996, the Commission's Wage Fixing Principles as set out in Annexure B to the State Wage Case 2000 decision [2000] NSWIRComm 83 were varied by deleting Principle 8(d) and inserting the new absorption clause referring to adjustments payable under the State Wage...