NSW Caselaw
Industrial Relations Commission New South Wales Medium Neutral Citation: State Wage Case 2023 [2023] NSWIRComm 1121 Hearing dates: Orders made by consent Date of orders: 21 August, 1, 15, 17 November 2023 Decision date: 14 December 2023 Jurisdiction: Industrial Relations Commission Before: Chief Commissioner Constant, Commissioner Sloan and Commissioner Webster Decision: The Full Bench made orders by consent on the dates as set out in this decision adopting the Annual Wage Review 2022-23 [2023] FWCFB 3500, the Aged Care Award 2010 [2023] FWCFB 45 and the Aged Care Award 2010 [2022] FWCFB 200 as National decisions as provided under s 50 of the Industrial Relations Act 1996 and increasing rates of pay and pay-related allowances in relevant awards by various amounts pursuant to ss 17 and 52 of the Industrial Relations Act 1996. Catchwords: STATE WAGE CASE – adoption of National decision – consent arrangements – orders made to vary relevant awards Legislation Cited: Fair Work Act 2009 (Cth) ss 12, 294 Industrial Relations Act 1996 (NSW) Pt 3 Ch 2, ss 17, 50, 51, 52 Industrial Relations (Public Sector Conditions of Employment) Regulation 2014 (NSW) Cases Cited: Aged Care Award 2010 [2022] FWCFB 200 Aged Care Award 2010 [2023] FWCFB 45 Annual Wage Review 2022-23 [2023] FWCFB 3500 Crown Employees (NSW Fire Brigades Permanent Firefighting Staff) Award 2008 [2008] NSWIRComm 174 Minister for Industrial Relations (Notification under s 167 of a dispute between BHP Billiton) and The Australian Workers Union [2002] NSWIRComm 378 Re Crown Employees (Public Sector -Salaries 2008) Award [2008] NSWIRComm 193 Re Health Employees Pharmacists (State) Award [2003] NSWIRComm 453; (2003) 132 IR 244 Re Operational Ambulance Officers (State) Award [2001] NSWIRComm 331; (2001) 113 IR 384 Re Operational Ambulance Officers (State) Award [2008] NSWIRComm 168 Re Public Hospital Nurses (State) Award (No 3) [2002] NSWIRComm 325; (2002) 121 IR 28 State Wage Case 1989 (1989) 30 IR 107 State Wage Case 2020 (No 2) [2021] NSWIRComm 1079 State Wage Case 2020 [2021] NSWIRComm 1015 State Wage Case 2022 [2022] NSWIRComm 1081 Category: Principal judgment Parties: Unions NSW ("Unions NSW") Electrical Trades Union of Australia, New South Wales Branch ("ETU") New South Wales Local Government, Clerical, Administrative, Energy, Airlines & Utilities Union ("USU") Media, Entertainment and Arts Alliance New South Wales ("MEAA") Health Services Union NSW ("HSU") New South Wales Nurses and Midwives' Association National Union of Workers, New South Wales Branch ("NAMA") United Voice, New South Wales Branch The Australian Workers' Union, New South Wales ("AWU") Transport Workers' Union of Australia, New South Wales ("TWU") Industrial Relations Secretary ("IR Secretary") Local Government and Shires Association of New South Wales ("LGNSW") Aged and Community Services Australia ("ACSA") Representation: E Yap (Unions NSW and affiliated unions) K Smith, Crown Solicitor / L Coory (IR Secretary) G Guzman (LGNSW) T Nabi (APA) File Number(s): 2023/00205628 2023/00235011 2023/00235015 2023/00235019 2023/00235026 2023/00235028 2023/00235036 2023/00235042 2023/00235060 2023/00235071 2023/00335846 2023/00335970 2023/00419154 2023/00419155 2023/00419727
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