Social and Community Services Employees (State) Award, Re [2006] NSWIRComm 87

Social and Community Services Employees (State) Award, Re [2006] NSWIRComm 87

The Full Bench concluded that a special case for variation and a new award was made out due to the established work value changes, accepting the parties' consent and uncontested evidence, and therefore granted the application for the making of the consent award.

Jurisdiction
Australia
Judgment Date
03 March 2006
Procedural Posture
Industrial Award Variation and Creation Proceedings / Full Bench Decision Following Consent and Discontinuance of One Application
Outcome
Application for variation and new award granted by consent; discontinuance of Employers First's application; new award made.
Legal Topics
['award Variation' 'special Case Principle' 'work Value Changes' 'consent Awards']
['industrial Law'] ['award Variation' 'special Case Principle' 'work Value Changes' 'consent Awards']

Case Brief

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Procedural Posture

Industrial Award Variation and Creation Proceedings / Full Bench Decision Following Consent and Discontinuance of One Application

Legal Issues

  1. 1 ['Whether work value changes and special case justify the variation and making of a new award' "Whether parties' agreement may be implemented as a consent award"]

Ratio Decidendi

The Full Bench concluded that a special case for variation and a new award was made out due to the established work value changes, accepting the parties' consent and uncontested evidence, and therefore granted the application for the making of the consent award.

Court Disposition

Application for variation and new award granted by consent; discontinuance of Employers First's application; new award made.

Orders

  • ['Employers First granted leave to discontinue application in IRC 4679 of 2003.' 'New Social and Community Services Employees (State) Award 2006 made, to commence from the first pay period to commence on or after 3 March 2006 and operate for three years.' 'Previous 2001 award rescinded and replaced.' 'Leave reserved...