Secure Employment Test Case (No 3) [2006] NSWIRComm 104

Secure Employment Test Case (No 3) [2006] NSWIRComm 104

The Commission held that the labour hire and definitional features of the Clerical and Administrative Employees in Temporary Employment Services (State) Award did not justify excluding it from the casual conversion outcome of the Secure Employment Test Case. The USU's primary application adequately adapted the...

Source-derived case information.

Jurisdiction
Australia
Judgment Date
24 March 2006
Procedural Posture
Application for Variation of Awards Re Secure Employment Clause / Full Bench Decision Implementing the Secure Employment Test Case; Award Varied
Outcome
The Clerical and Administrative Employees in Temporary Employment Services (State) Award was varied and the proceedings were concluded.
Legal Topics
['award Variation' 'secure Employment Test Case' 'casual Conversion' 'temporary Employment Services' 'clerical and Administrative Employment']
['industrial Relations' 'employment Law'] ['award Variation' 'secure Employment Test Case' 'casual Conversion' 'temporary Employment Services' 'clerical and Administrative Employment']

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Procedural Posture

Application for Variation of Awards Re Secure Employment Clause / Full Bench Decision Implementing the Secure Employment Test Case; Award Varied

Legal Issues

  1. 1 ['Whether the Clerical and Administrative Employees in Temporary Employment Services (State) Award should be varied to insert a casual conversion provision consequent upon the Secure Employment Test Case [2006] NSWIRComm 38.' 'Whether the unusual definitions and labour hire coverage of the award justified departing from or refusing the Secure Employment Test Case standard clause.' 'Whether the relevant period for casual conversion should be six months or a longer period.']

Ratio Decidendi

The Commission held that the labour hire and definitional features of the Clerical and Administrative Employees in Temporary Employment Services (State) Award did not justify excluding it from the casual conversion outcome of the Secure Employment Test Case. The USU's primary application adequately adapted the standard clause to the award's terminology, but the employers' remaining concerns warranted substituting a nine month period for the proposed six month period.

Court Disposition

The Clerical and Administrative Employees in Temporary Employment Services (State) Award was varied and the proceedings were concluded.

Orders

  • ['The Clerical and Administrative Employees in Temporary Employment Services (State) Award is varied by inserting a new clause in terms of the primary application set out in Exhibit "KK" in the proceedings, subject to substituting the reference to "six months" with "nine months".' 'The variation takes effect from 24...