State Wage Case 2005 (Statement and Orders) [2005] NSWIRComm 212

State Wage Case 2005 (Statement and Orders) [2005] NSWIRComm 212

Given practical unanimity of the parties, and after consideration of the National decision, the Commission decided to adopt the National decision in part and with modifications, granting an increase of $17 per week to relevant award rates and a 3% adjustment to certain allowances under s 50 of the Industrial Relations Act 1996.

Jurisdiction
Australia
Judgment Date
20 June 2005
Procedural Posture
State Wage Case / Statement and Orders Following Hearing
Outcome
Orders made granting pay increase and allowance adjustments as detailed, effective immediately until further order.
Legal Topics
Wage Fixation, State Wage Case, Pay Increases, Allowances Adjustments, Adoption of Federal Wage Decision
Industrial Law Wage Fixation State Wage Case Pay Increases Allowances Adjustments Adoption of Federal Wage Decision

Case Brief

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Procedural Posture

State Wage Case / Statement and Orders Following Hearing

Legal Issues

  1. 1 Whether to adopt the National decision on wage increases in New South Wales State awards
  2. 2 Whether to increase rates of pay and adjust allowances in State awards in accordance with s 50 of the Industrial Relations Act 1996

Ratio Decidendi

Given practical unanimity of the parties, and after consideration of the National decision, the Commission decided to adopt the National decision in part and with modifications, granting an increase of $17 per week to relevant award rates and a 3% adjustment to certain allowances under s 50 of the Industrial Relations Act 1996.

Court Disposition

Orders made granting pay increase and allowance adjustments as detailed, effective immediately until further order.

Orders

  • Pursuant to s 50 of the Industrial Relations Act 1996, the Commission adopts, partly and with modifications, the Principles and provisions of the National decision of 7 June 2005.
  • The Commission's Wage Fixing Principles shall be as set out in annexure D to the Labor Council's submissions (Exhibit 1).