Serco Australia Pty Limited v. Australian Workers Union [2006] NSWIRComm 1026

Serco Australia Pty Limited v. Australian Workers Union [2006] NSWIRComm 1026

It is appropriate to make a new State award as amended and presented, with consent of the parties and no objection from the intervenor, since all statutory requirements have been met and the Commission should act to provide effective industrial regulation without undue technicality.

Source-derived case information.

Parties
Applicant: Serco Australia Pty Limited; Respondent: Australian Workers Union; Intervenor: Transport Workers Union of New South Wales
Jurisdiction
Australia
Judgment Date
10 February 2006
Procedural Posture
Application for New Award / Hearing
Outcome
new State award made
Legal Topics
New State Award, Application Amendment, Enterprise Agreement, Award Compliance
Industrial Relations New State Award Application Amendment Enterprise Agreement Award Compliance

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Parties

Serco Australia Pty Limited

Applicant

Australian Workers Union

Respondent

Transport Workers Union of New South Wales

Intervenor

Procedural Posture

Application for New Award / Hearing

Legal Issues

  1. 1 Whether the application for an enterprise agreement could be amended to an application for a new State award under the Industrial Relations Act 1996
  2. 2 Whether the requirements for the making of a new State award were met

Ratio Decidendi

It is appropriate to make a new State award as amended and presented, with consent of the parties and no objection from the intervenor, since all statutory requirements have been met and the Commission should act to provide effective industrial regulation without undue technicality.

Court Disposition

new State award made

Orders

  • A new State award is made in accordance with the amended application, effective from the beginning of the first pay period to commence on or after 10 February 2006.