Secure Employment Test Case (No 2) [2006] NSWIRComm 78

Secure Employment Test Case (No 2) [2006] NSWIRComm 78

The Commission confirmed that its earlier Secure Employment Test Case decision was to be implemented by variations using a six month casual conversion qualifying period, with 1 March 2006 operating as the date from which eligible casual employees may elect conversion; conversion to part-time employment must be lawful under relevant part-time provisions or Part 5 of the Act but does not require a pre-conversion satisfaction of those provisions; and the clause should use the expression "permanent full-time employment" rather than "weekly" employment.

Jurisdiction
Australia
Judgment Date
09 March 2006
Procedural Posture
State Decision Conditions of Employment Award Variation / Issues as to Application of Test Case Decision Determined After Draft Orders Filed
Outcome
Orders and awards of 28 February 2006 confirmed; specified awards varied with effect from 1 March 2006.
Legal Topics
['award Variation' 'secure Employment Clause' 'casual Conversion' 'part Time Employment' 'test Case Standard']
['industrial Relations' 'employment Law'] ['award Variation' 'secure Employment Clause' 'casual Conversion' 'part Time Employment' 'test Case Standard']

Case Brief

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Procedural Posture

State Decision Conditions of Employment Award Variation / Issues as to Application of Test Case Decision Determined After Draft Orders Filed

Legal Issues

  1. 1 ['Whether the casual conversion qualifying period in the draft orders should be six months or twelve months.' 'Whether 1 March 2006 was the date from which the qualifying period commenced or the date on which an eligible casual employee may elect to convert.' 'Whether conversion to part-time employment required prior casual employment to satisfy part-time work provisions during the qualifying period.' 'Whether the awards should refer to "weekly" employment rather than "permanent full-time" employment.']

Ratio Decidendi

The Commission confirmed that its earlier Secure Employment Test Case decision was to be implemented by variations using a six month casual conversion qualifying period, with 1 March 2006 operating as the date from which eligible casual employees may elect conversion; conversion to part-time employment must be lawful under relevant part-time provisions or Part 5 of the Act but does not require a pre-conversion satisfaction of those provisions; and the clause should use the expression "permanent full-time employment" rather than "weekly" employment.

Court Disposition

Orders and awards of 28 February 2006 confirmed; specified awards varied with effect from 1 March 2006.

Orders

  • ['The Storemen and Packers General (State) Award is varied in terms as set out in Exhibit A.' 'The Storemen and Packers Bond and Free Stores (State) Award is varied in terms as set out in Exhibit B.' 'The Storemen and Packers Wholesale Drug Stores (State) Award is varied in terms as set out in Exhibit C.' 'The...