New South Wales Lotteries Corporation and Public Service Association and Professional Officers' Association Amalgamated Union of New South Wales [2003] NSWIRComm 143

Industrial Relations Commission of New South Wales

CITATION : New South Wales Lotteries Corporation and Public Service Association and Professional Officers' Association Amalgamated Union of New South Wales [2003] NSWIRComm 143 APPELLANT New South Wales Lotteries Corporation

PARTIES : RESPONDENT Public Service Association and Professional Officers' Association Amalgamated Union of New South Wales

INTERVENER Public Employment Office FILE NUMBER: IRC 3811 of 2002 CORAM: Wright J President; Walton J Vice-President; Bishop C; McLeay C Appeal - Award - Application for new award - Proposed award containing provisions for paid maternity leave and not paid paternity leave - Whether award discriminatory - Consideration of the Commission's approach to precedent - Leave to appeal granted - Appeal upheld - Award made - Reasons for extempore decision.

Award - Appeal - Application for new award - Proposed award containing provisions for paid maternity leave and not paid paternity leave - Whether award discriminatory - Consideration of the Commission's approach to precedent - Leave to appeal granted - Appeal upheld - Award made - Reasons for extempore decision. CATCHWORDS : Discrimination - Appeal - Award - Application for new award - Proposed award containing provisions for paid maternity leave and not paid paternity leave - Whether award discriminatory - Consideration of the Commission's approach to precedent - Leave to appeal granted - Appeal upheld - Award made - Reasons for extempore decision.

Courts and judges - Precedent - Stare decisis - Appeal - Award - Application for new award - Proposed award containing provisions for paid maternity leave and not paid paternity leave - Whether award discriminatory - Consideration of the Commission's approach to precedent - Leave to appeal granted - Appeal upheld - Award made - Reasons for extempore decision. LEGISLATION CITED : Anti-Discrimination Act 1977 s 35 Industrial Relations Act 1996 s 23 s 169 s 188 s 193 Clutha Developments Pty Ltd v Barry (1989) 18 NSWLR 86 Collins v Commissioner for Public Employment (2001) 105 IR 59 D & R Commercial Pty Ltd and Flood (2002) 113 IR 344 Hospitals Employees Pharmacists (State) Award, Re [1979] AR (NSW) 348 Journalist (Specialist Publications) (State) Award, Re (unreported, IRC99/2719, 31 October 2000) Knowles v Anglican Property Church Trust (No 2) (1999) 95 IR 380 Local Government (State) Award 2001, Re [2001] NSWIRComm 281 CASES CITED : Nursing Homes, &c Nurses' (State) Award, Re (2001) 110 IR 433 Perrott v Xcellent Australia Ltd (1998) 84 IR 255 Principles for Review of Awards - State Decision 1998 (1998) 85 IR 38 Reich v Client Server Professionals of Australia Pty Ltd (Administrator Appointed) (2000) 49 NSWLR 551 (2000) 99 IR 69 Samuel v S & T Income Tax Aid Specialists Pty Ltd (1988) 24 IR 391 State Family Leave Case (1995) 59 IR 1 State Personal Carer's Case (1996) 68 IR 308 State Personal/Carer's Leave Case (1998) 84 IR 416 State Wage Case 1999 (1999) 88 IR 363 HEARING DATES: 11/05/2002 DATE OF JUDGMENT: 07/31/2003