Health and Research Employees' Association of New South Wales v Baptist Community Services NSW and ACT (No 2) [2003] NSWIRComm 7

Industrial Relations Commission of New South Wales in Court Session

CITATION : Health and Research Employees' Association of New South Wales v Baptist Community Services NSW and ACT (No 2) [2003] NSWIRComm 7 APPLICANT Health and Research Employees' Association of New South Wales

FIRST RESPONDENT Baptist Community Services NSW and ACT PARTIES : SECOND RESPONDENT Aged Services Association of New South Wales

THIRD RESPONDENT Catholic Commission for Employment Relations FILE NUMBER: IRC 7180 of 2001 CORAM: Wright J President Declaratory order - Application for - Award coverage - Award coverage by reference to employer membership of employer organisation - Employer resigns from organisation - Effect on award coverage of employees of that employer - Effect of award review pursuant to s 19 - Effect of making of new award replacing "reviewed" award - Responsibilities of award parties - Declarations made. CATCHWORDS : Award interpretation - Application for declaratory order - Award coverage - Award coverage by reference to employer membership of employer organisation - Employer resigns from organisation - Effect on award coverage of employees of that employer - Effect of award review pursuant to s 19 - Effect of making of new award replacing "reviewed" award - Responsibilities of award parties - Declarations made. LEGISLATION CITED : Industrial Relations Act 1996 s 10 s 11 s 15 s 17 s 19 s 154 Cepus v Heggies Transport Pty Ltd (1994) 52 IR 123 Health and Research Employees' Association of New South Wales v Baptist Community Services NSW and ACT [2002] NSWIRComm 32 Kingmill Australia Pty Ltd t/a Thrifty Car Rental v Federated Clerks' Union of Australia, New South Wales Branch (2001) 106 IR 217 Perisher Blue Pty Ltd v Australian Workers Union (1999) 91 IR 274 CASES CITED : Principles for Approval of Enterprise Agreements (1996) 94 IR 98 Principles for Review of Awards - State Decision 1998 (1998) 85 IR 38 Seamen's Union of Australia v Adelaide Steamship Company (1976) 46 FLR 444 Security Officers (Waterfront) Award (1988) 26 IR 1 Short v F W Hercus (1993) 40 FCR 511 Storeworkers - Campbells Cash & Carry Pty Limited (NSW), NUW (NSW Branch) Award 2000 (No 2) (2001) 104 IR 385 HEARING DATES: 07/18/2002; 08/01/2002 DATE OF JUDGMENT: 01/31/2003