Royal Flying Doctor Service of Australia (South Eastern Section) Nursing Staff (State) Award [2008] NSWIRComm 1016

Royal Flying Doctor Service of Australia (South Eastern Section) Nursing Staff (State) Award [2008] NSWIRComm 1016

The Royal Flying Doctor Service of Australia (South Eastern Section) is essentially a service and not a trading or financial corporation; therefore, the State award may be preserved and is subject to the S.19 review process.

Jurisdiction
Australia
Judgment Date
31 January 2008
Procedural Posture
Award Review / Final Determination
Outcome
State award preserved
Legal Topics
['award Review' 'status of Employer' 'procedure for Review of Award']
['industrial Relations'] ['award Review' 'status of Employer' 'procedure for Review of Award']

Case Brief

Summary, issues, holding and outcome

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Procedural Posture

Award Review / Final Determination

Legal Issues

  1. 1 ['Whether the Royal Flying Doctor Service of Australia (South Eastern Section) is a constitutional corporation excluded from State jurisdiction under Work Choices' 'Whether the State award should be preserved or rescinded under S.19 of Industrial Relations Act 1996']

Ratio Decidendi

The Royal Flying Doctor Service of Australia (South Eastern Section) is essentially a service and not a trading or financial corporation; therefore, the State award may be preserved and is subject to the S.19 review process.

Court Disposition

State award preserved

Orders

  • ['The S.19 review process is completed.' 'The Royal Flying Doctor Service Award is preserved in its current terms and will operate effective from the beginning of the first pay period to commence on or after 31 January 2008.']