Charitable Sector Aged And Disability Services (State) Award. [2000] NSWIRComm 217

Charitable Sector Aged And Disability Services (State) Award. [2000] NSWIRComm 217

In light of changes brought by a variation to the Nursing Homes &c Nurses (State) Award and new evidence, concerns justifying appeal have largely fallen away. The leave to appeal, previously granted, was no longer justified and was rescinded. There was no appropriate reason to disturb the original award, and the appeal was dismissed.

Parties
Appellant: New South Wales Nurses' Association; First Respondent: The Health and Research Employees' Association of New South Wales; Second Respondent: Aged Care Association of New South Wales (Industrial); Third Respondent: Catholic Commission for Employment Relations
Jurisdiction
Australia
Judgment Date
14 December 2000
Procedural Posture
Appeal / Full Bench Judgment on Appeal
Outcome
appeal dismissed
Legal Topics
Awards, Consent Awards, Union Coverage, Demarcation, Leave to Appeal
Industrial Law Awards Consent Awards Union Coverage Demarcation Leave to Appeal

Case Brief

Summary, issues, holding and outcome

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Parties

New South Wales Nurses' Association

Appellant

The Health and Research Employees' Association of New South Wales

First Respondent

Aged Care Association of New South Wales (Industrial)

Second Respondent

Catholic Commission for Employment Relations

Third Respondent

Procedural Posture

Appeal / Full Bench Judgment on Appeal

Legal Issues

  1. 1 Whether the consent of parties to an award application is decisive
  2. 2 Appropriateness of leave to appeal and whether appealable error exists
  3. 3 Effect of subsequent developments on need for interim or final orders

Ratio Decidendi

In light of changes brought by a variation to the Nursing Homes &c Nurses (State) Award and new evidence, concerns justifying appeal have largely fallen away. The leave to appeal, previously granted, was no longer justified and was rescinded. There was no appropriate reason to disturb the original award, and the appeal was dismissed.

Court Disposition

appeal dismissed

Orders

  • Leave to appeal earlier granted rescinded.
  • Leave to appeal is refused;