Broken Hill Commerce and Industry Consent Award [2002] NSWIRComm 105

Broken Hill Commerce and Industry Consent Award [2002] NSWIRComm 105

The Commission was satisfied, after considering the parties' submissions and reviewing the filed document, that the proposed consent Award had industrial merit and complied with the Industrial Relations Act 1996, the Commission's Principles for Review of Awards and the Commission's State Wage Case Principles, and therefore should be made in the terms sought and replace the 1998 Award.

Jurisdiction
Australia
Judgment Date
14 May 2002
Procedural Posture
Application for a New Award and Rescission of Previous Award / Decision and Order of Rescission
Outcome
Award made; previous Award rescinded; proceedings concluded.
Legal Topics
['consent Award' 'application for New Award Under Section 10 of the Industrial Relations Act 1996' 'award Review Under Section 19 of the Industrial Relations Act 1996' 'state Wage Case Principles' 'rescission of Award']
['industrial Relations'] ['consent Award' 'application for New Award Under Section 10 of the Industrial Relations Act 1996' 'award Review Under Section 19 of the Industrial Relations Act 1996' 'state Wage Case Principles' 'rescission of Award']

Case Brief

Summary, issues, holding and outcome

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Procedural Posture

Application for a New Award and Rescission of Previous Award / Decision and Order of Rescission

Legal Issues

  1. 1 ['Whether the proposed consent award should be made under section 10 of the Industrial Relations Act 1996.' 'Whether the proposed award had industrial merit and complied with the Industrial Relations Act 1996, the Principles for Review of Awards and the State Wage Case Principles.' 'Whether the Broken Hill Commerce and Industry Agreement (Consent Award) 1998 should be replaced and rescinded.']

Ratio Decidendi

The Commission was satisfied, after considering the parties' submissions and reviewing the filed document, that the proposed consent Award had industrial merit and complied with the Industrial Relations Act 1996, the Commission's Principles for Review of Awards and the Commission's State Wage Case Principles, and therefore should be made in the terms sought and replace the 1998 Award.

Court Disposition

Award made; previous Award rescinded; proceedings concluded.

Orders

  • ['The Broken Hill Commerce and Industry Consent Award 2001 is to take effect from the first pay period on the 8 March 2002 and remain in force until 30 June 2004.' 'The Award is to replace and rescind the Broken Hill Commerce and Industry Agreement (Consent Award) 1998.' 'The Broken Hill Commerce and Industry...