Employers First and the NSW/ACT Independent Education Union and Another [2002] NSWIRComm 113

Employers First and the NSW/ACT Independent Education Union and Another [2002] NSWIRComm 113

Leave to appeal was refused because the appellant did not establish an error of principle at first instance. It was open to the primary judge to make the award under the Special Case principle, having regard to historical wage fixation and evidence of undervaluation and work value changes. The judge's conclusions were open on the evidence and did not rest on an erroneous finding of agreement to parity post-1990.

Parties
Appellant: Employers First; First Respondent: NSW/ACT Independent Education Union; Second Respondent: Association of Child Care Centres of NSW
Jurisdiction
Australia
Judgment Date
14 May 2002
Procedural Posture
Application for Leave to Appeal and Appeal / Decision on Leave to Appeal and Appeal
Outcome
Leave to appeal refused; appeal dismissed.
Legal Topics
Wage Fixation, Industrial Awards, Appeals Process
Industrial Law Wage Fixation Industrial Awards Appeals Process

Case Brief

Summary, issues, holding and outcome

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Parties

Employers First

Appellant

NSW/ACT Independent Education Union

First Respondent

Association of Child Care Centres of NSW

Second Respondent

Procedural Posture

Application for Leave to Appeal and Appeal / Decision on Leave to Appeal and Appeal

Legal Issues

  1. 1 Whether the primary judge erred in findings regarding agreements between award parties
  2. 2 Whether salary parity between early childhood teachers and other teachers should be maintained
  3. 3 Whether the decision was influenced by improper findings of prior agreements

Ratio Decidendi

Leave to appeal was refused because the appellant did not establish an error of principle at first instance. It was open to the primary judge to make the award under the Special Case principle, having regard to historical wage fixation and evidence of undervaluation and work value changes. The judge's conclusions were open on the evidence and did not rest on an erroneous finding of agreement to parity post-1990.

Court Disposition

Leave to appeal refused; appeal dismissed.

Orders

  • Leave to appeal refused
  • Appeal dismissed