Clercial and Administrative Employees (State) Award (No 3), Re [2006] NSWIRComm 26

Clercial and Administrative Employees (State) Award (No 3), Re [2006] NSWIRComm 26

Meal breaks for weekend ordinary hours are to be the usual unpaid meal break unless otherwise mutually agreed. The 17% loading for weekday evening work is not payable during sick leave, consistent with treatment of Saturday loadings. A limited savings provision (to 31 December 2006) is granted to protect affected existing employees from pay reduction due to new award arrangements, but not an open-ended right to refuse weekend ordinary hours. Retrospectivity for the commencement of weekend loadings is refused.

Parties
Applicant: Employers First; Applicant: Federated Clerks' Union of Australia, New South Wales Branch (United Services Union); Respondent: Employers First; Respondent: Printing Industries Association of Australia; Respondent: Australian Medical Association (NSW) Limited; Respondent: Restaurant & Caterers Association of New South Wales; Respondent: Australian Business Industrial; Respondent: New South Wales Road Transport Association Inc; Respondent: Australian Industry Group New South Wales Branch
Jurisdiction
Australia
Judgment Date
07 February 2006
Procedural Posture
Industrial Award Application/variation / Final Determination and Making of Award
Outcome
Award varied and made as per the Commission's determination
Legal Topics
Award Variation, Clerical and Administrative Employees, Conditions of Employment, Hours of Work, Meal Breaks, Allowances, Sick Leave, Retrospectivity, Savings Provisions
Industrial Law Award Variation Clerical and Administrative Employees Conditions of Employment Hours of Work Meal Breaks Allowances Sick Leave +2 more

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 3 Authorities cited 2 Party arguments 2
Sign in to unlock

Parties

Employers First

Applicant

Federated Clerks' Union of Australia, New South Wales Branch (United Services Union)

Applicant

Employers First

Respondent

Printing Industries Association of Australia

Respondent

Australian Medical Association (NSW) Limited

Respondent

Restaurant & Caterers Association of New South Wales

Respondent

Australian Business Industrial

Respondent

New South Wales Road Transport Association Inc

Respondent

Australian Industry Group New South Wales Branch

Respondent

Procedural Posture

Industrial Award Application/variation / Final Determination and Making of Award

Legal Issues

  1. 1 Entitlement to paid meal breaks during weekend work under the award
  2. 2 Whether 17% allowance for ordinary hours between 6pm and 7pm is payable during sick leave
  3. 3 Whether savings provisions should protect certain existing employment entitlements and for what period

Ratio Decidendi

Meal breaks for weekend ordinary hours are to be the usual unpaid meal break unless otherwise mutually agreed. The 17% loading for weekday evening work is not payable during sick leave, consistent with treatment of Saturday loadings. A limited savings provision (to 31 December 2006) is granted to protect affected existing employees from pay reduction due to new award arrangements, but not an open-ended right to refuse weekend ordinary hours. Retrospectivity for the commencement of weekend loadings is refused.

Court Disposition

Award varied and made as per the Commission's determination

Orders

  • Award to be prepared, filed, and served within seven days
  • Award to take effect from first pay period on or after 30 January 2006