OneSteel Wire Pty Ltd Newcastle Fence Post Plant Award [2005] NSWIRComm 290

OneSteel Wire Pty Ltd Newcastle Fence Post Plant Award [2005] NSWIRComm 290

The application for a new award is granted because it meets all legislative requirements, is consistent with relevant wage principles, and is presented with genuine consent of all parties, thereby rescinding and replacing the prior award.

Parties
Applicant: OneSteel Wire Pty Ltd; Applicant: OneSteel Trading Pty Ltd; Respondent: The Australian Workers' Union, NSW; Respondent: The Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union, NSW Branch; Respondent: The Electrical Trades Union of Australia, NSW Branch; Respondent: The NSW Plumbers and Gasfitters Employees' Union
Jurisdiction
Australia
Judgment Date
17 August 2005
Procedural Posture
Application for New Award / Final Determination
Outcome
award granted
Legal Topics
Award Making, Wage Review, Industrial Agreements, Superannuation
Industrial Relations Award Making Wage Review Industrial Agreements Superannuation

Case Brief

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Parties

OneSteel Wire Pty Ltd

Applicant

OneSteel Trading Pty Ltd

Applicant

The Australian Workers' Union, NSW

Respondent

The Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union, NSW Branch

Respondent

The Electrical Trades Union of Australia, NSW Branch

Respondent

The NSW Plumbers and Gasfitters Employees' Union

Respondent

Procedural Posture

Application for New Award / Final Determination

Legal Issues

  1. 1 Whether the application for a new award complies with legislative requirements
  2. 2 Whether the award is agreed by all parties
  3. 3 Whether the award should rescind and replace the prior award

Ratio Decidendi

The application for a new award is granted because it meets all legislative requirements, is consistent with relevant wage principles, and is presented with genuine consent of all parties, thereby rescinding and replacing the prior award.

Court Disposition

award granted

Orders

  • The OneSteel Wire Pty Ltd Newcastle Fence Post Plant Award is made as per the application with effect from the first pay period on or after 1 September 2005 to remain in force until 31 August 2008.
  • The Award rescinds and replaces the OneSteel Wire Pty Ltd Newcastle Fence Post Plant Award 343 IG 266.