Hunter Valley Training Company (Scaffolding Trainees) Training (State) Award [2009] NSWIRComm 1021

Hunter Valley Training Company (Scaffolding Trainees) Training (State) Award [2009] NSWIRComm 1021

The Hunter Valley Training Company award was a training award for junior employees and was not a NAPSA or a preserved State agreement. Because junior employees fall within the protection of the Industrial Relations (Child Employment) Act 2006, State training awards remain binding on S.51(xx) corporations at least to the extent of their coverage of junior employees, so the S.19 review procedure continued to apply. In the absence of substantive argument to the contrary, the award should be preserved in its current form.

Jurisdiction
Australia
Judgment Date
20 April 2009
Procedural Posture
Notice of Award Review Under S.19 of the Industrial Relations Act, 1996 / Decision After Hearing
Outcome
Award preserved in its current form and S.19 award review process noted as concluded.
Legal Topics
['award Review' 'training Award' 'trading Corporation' 'child Employment Protections' 'work Choices']
['industrial Relations' 'employment Law'] ['award Review' 'training Award' 'trading Corporation' 'child Employment Protections' 'work Choices']

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Procedural Posture

Notice of Award Review Under S.19 of the Industrial Relations Act, 1996 / Decision After Hearing

Legal Issues

  1. 1 ['Whether the S.19 award review procedure continued to apply to the Hunter Valley Training Company (Scaffolding Trainees) Training Award despite the employer being a S.51(xx) corporation and the operation of Work Choices.' 'Whether the award should be preserved in its current form.']

Ratio Decidendi

The Hunter Valley Training Company award was a training award for junior employees and was not a NAPSA or a preserved State agreement. Because junior employees fall within the protection of the Industrial Relations (Child Employment) Act 2006, State training awards remain binding on S.51(xx) corporations at least to the extent of their coverage of junior employees, so the S.19 review procedure continued to apply. In the absence of substantive argument to the contrary, the award should be preserved in its current form.

Court Disposition

Award preserved in its current form and S.19 award review process noted as concluded.

Orders

  • ['The Hunter Valley Training Company (Scaffolding Trainees) Training Award is preserved in its current form.' 'The S.19 award review process is concluded on that basis.']