Private Hospital (Named Respondents) (State) Award [2007] NSWIRComm 1097

Private Hospital (Named Respondents) (State) Award [2007] NSWIRComm 1097

The Private Hospital (Named Respondents) (State) Award is a hybrid instrument covering both S.51(xx) corporations and other employers, and thus remains subject to the S.19 review process rather than being fully converted to an enterprise agreement under S.44C; the award is retained in its present form.

Parties
Employee Representative: Health Services Union; Employer Representative: Leana Street Consulting Pty Limited; Employer Representative: Private Hospitals Association of New South Wales
Jurisdiction
Australia
Judgment Date
19 December 2007
Procedural Posture
Award Review / Final Determination
Outcome
award retained in present form
Legal Topics
Award Review, Status of Employer, Hybrid Award, State Awards, Constitutional Corporations
Industrial Relations Award Review Status of Employer Hybrid Award State Awards Constitutional Corporations

Case Brief

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Parties

Health Services Union

Employee Representative

Leana Street Consulting Pty Limited

Employer Representative

Private Hospitals Association of New South Wales

Employer Representative

Procedural Posture

Award Review / Final Determination

Legal Issues

  1. 1 Does the Private Hospital (Named Respondents) (State) Award remain subject to S.19 review process under the Industrial Relations Act 1996 or has it been converted into an enterprise agreement by S.44C due to coverage of constitutional corporations?
  2. 2 Is the Private Hospital (Named Respondents) Award a hybrid instrument covering trading corporations and non-trading organisations that warrants continued application of the S.19 review process?

Ratio Decidendi

The Private Hospital (Named Respondents) (State) Award is a hybrid instrument covering both S.51(xx) corporations and other employers, and thus remains subject to the S.19 review process rather than being fully converted to an enterprise agreement under S.44C; the award is retained in its present form.

Court Disposition

award retained in present form

Orders

  • The Private Hospital (Named Respondents) (State) Award is retained in its present form.
  • The new State award is operative from the beginning of the first pay period to commence on or after Wednesday, 19 December, 2007.