Boiling Down and By-Products (Cumberland) Consolidated Award [2004] NSWIRComm 219

The application for a new award complies with the Industrial Relations Act 1996, satisfies the State Wage Fixing Principles and Commission's test case standards, and as such, the new award is made and the prior award rescinded.

Jurisdiction: Australia
Judgment Date: 23 July 2004
Procedural Posture: Application for New Award and Review Application / Determination and Order
Outcome: new award made, prior award rescinded
Legal Topics: ['award Making' 'rescission of Award' 'wage Fixing Principles' 'employment Provisions']

['industrial Relations'] ['award Making' 'rescission of Award' 'wage Fixing Principles' 'employment Provisions']

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Full judgment text Downloadable case file Legal principles 1 Authorities cited 2 Party arguments 2 Amounts and remedies 1

Procedural Posture

Application for New Award and Review Application / Determination and Order

Legal Issues

1 ['Whether the application for a new award complies with the requirements of the Industrial Relations Act 1996' "Whether the proposed award satisfies the State Wage Fixing Principles and Commission's test case standards" 'Whether the prior award should be rescinded']

Ratio Decidendi

Court Disposition

new award made, prior award rescinded

Orders

['The Boiling Down and By-Products (Cumberland) Consolidated Award is made, effective from the first full pay period to commence on or after 23 July 2004 and remains in force for 12 months.' 'The Boiling Down and By-products (Cumberland) Consolidated Award 331 IG 278 is rescinded on and from 23 July 2004.']