Transfield Services (Australia) Pty Limited v. Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union, Australian Workers Union and Electrical Trades Union of Australia [2006] NSWIRComm 1022

Transfield Services (Australia) Pty Limited v. Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union, Australian Workers Union and Electrical Trades Union of Australia [2006] NSWIRComm 1022

Because the parties consented to the proposed awards and the Commissioner was satisfied that the awards complied with the statutory requirements for State awards, including the dispute resolution procedure in Clause 33 and a nominal term of three years, the Commission made the new State awards and rescinded the previous State Transfield Awards they replaced.

Jurisdiction
Australia
Judgment Date
06 February 2006
Procedural Posture
Applications Under S.11 of the Industrial Relations Act for New State Awards / Hearing Converted From Mention; Decision Making Awards by Consent
Outcome
Applications allowed; new State awards made by consent and previous State Transfield Awards rescinded and replaced, with commencement on and from Tuesday, 28 February, 2006.
Legal Topics
['state Awards' 'consent Awards' 'dispute Resolution Procedure' 'nominal Term of Awards' 'port Kembla Steelworks Maintenance Work']
['industrial Relations' 'employment Law'] ['state Awards' 'consent Awards' 'dispute Resolution Procedure' 'nominal Term of Awards' 'port Kembla Steelworks Maintenance Work']

Case Brief

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Procedural Posture

Applications Under S.11 of the Industrial Relations Act for New State Awards / Hearing Converted From Mention; Decision Making Awards by Consent

Legal Issues

  1. 1 ['Whether the Commission should make the proposed new State awards under S.11 of the Industrial Relations Act 1996.' 'Whether the proposed State awards complied with statutory requirements, including a mandatory dispute resolution procedure and nominal term.']

Ratio Decidendi

Because the parties consented to the proposed awards and the Commissioner was satisfied that the awards complied with the statutory requirements for State awards, including the dispute resolution procedure in Clause 33 and a nominal term of three years, the Commission made the new State awards and rescinded the previous State Transfield Awards they replaced.

Court Disposition

Applications allowed; new State awards made by consent and previous State Transfield Awards rescinded and replaced, with commencement on and from Tuesday, 28 February, 2006.

Orders

  • ['The Transfield Services (Australia) Pty Limited (Port Kembla Steelworks) Maintenance Award is made.' 'The Transfield Services (Australia) Pty Limited (Port Kembla Steelworks) Facilities Maintenance Award is made.' 'The previous State Transfield Awards bearing those titles are rescinded and replaced.' 'The proposed...