Local Government, Aged, Disability and Home Care (State) Award [2015] NSWIRComm 1026

Local Government, Aged, Disability and Home Care (State) Award [2015] NSWIRComm 1026

The proposed Award contained the mandatory dispute resolution provisions required by s 14 of the Industrial Relations Act 1996, satisfied the requirements for the making of awards, and was consistent with the Wage Fixing Principles in State Wage Case 2015 [2015] NSWIRComm 31; accordingly, the Commission made the Award in the terms of the application and rescinded the identified awards.

Jurisdiction
Australia
Judgment Date
04 December 2015
Procedural Posture
Application for New Award Under S 19 Award Review / Award Approved
Outcome
Award approved
Legal Topics
['award Review' 'award Consolidation' 'dispute Resolution Provisions' 'wage Fixing Principles' 'rescission of Awards']
['industrial Relations'] ['award Review' 'award Consolidation' 'dispute Resolution Provisions' 'wage Fixing Principles' 'rescission of Awards']

Case Brief

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Procedural Posture

Application for New Award Under S 19 Award Review / Award Approved

Legal Issues

  1. 1 ['Whether the proposed Local Government, Aged, Disability and Home Care (State) Award should be made.' 'Whether the proposed Award met the statutory requirements for the making of awards, including mandatory dispute resolution provisions.' 'Whether existing awards should be replaced and rescinded.']

Ratio Decidendi

The proposed Award contained the mandatory dispute resolution provisions required by s 14 of the Industrial Relations Act 1996, satisfied the requirements for the making of awards, and was consistent with the Wage Fixing Principles in State Wage Case 2015 [2015] NSWIRComm 31; accordingly, the Commission made the Award in the terms of the application and rescinded the identified awards.

Court Disposition

Award approved

Orders

  • ['The Commission makes the Local Government, Aged, Disability and Home Care (State) Award in the terms set out in the application (Exhibit 1).' 'The Local Government, Aged, Disability and Home Care (State) Award shall operate from the beginning of the first full period to commence on or after 25 November 2015.' 'The...