Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
SOS Nursing and Home Care Service Pty Ltd v New South Wales Nurses' Association [2012] FCA 398 Citation: SOS Nursing and Home Care Service Pty Ltd v New South Wales Nurses' Association [2012] FCA 398
Appeal from: NSW Nurses' Association v SOS Nursing and Home care Service Pty Ltd [2011] FMCA 225
Parties: SOS NURSING AND HOME CARE SERVICE PTY LTD and ROSEMARY HYLES v NEW SOUTH WALES NURSES' ASSOCIATION
File number: NSD 711 of 2011
Judge: TRACEY J
Date of judgment: 20 April 2012
Catchwords: INDUSTRIAL LAW – collective agreement – variation of agreement sought – no-disadvantage test
Legislation: Fair Work (Transitional Provisions and Consequential Amendments) Act 2009 (Cth) Schedules 3, 7 Fair Work Act 2009 (Cth) ss 545, 546 Federal Court of Australia Act 1976 (Cth) s 24 Workplace Relations Act 1996 (Cth) ss 327, 328, 340, 342, 346, 346E, 346M, 346P, 346S, 346U, 351, 380, 717, 719, Schedule 7B Workplace Relations Amendment (Transition to Forward with Fairness) Act 2008 (Cth) Schedules 1, 7B
Cases cited: Coulton v Holcombe (1986) 162 CLR 1 cited, applied Minister for Immigration and Multicultural Affairs v Jia (2001) 205 CLR 507 cited University of Wollongong v Metwally (No 2) (1985) 59 ALR 481 cited
Date of hearing: 10 November 2011
Date of last submissions: 15 and 18 November 2011
Place: Sydney
Division: GENERAL DIVISION
Category: Catchwords
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