Private Hospital and Nursing Home Nurses Superannuation (State) Award [2005] NSWIRComm 322

Industrial Relations Commission of New South Wales

CITATION: Private Hospital and Nursing Home Nurses Superannuation (State) Award [2005] NSWIRComm 322

APPLICANT New South Wales Nurses' Association

RESPONDENTS Australian Business Industrial Aged & Community Services Association of NSW and ACT Aged Care Association Australia PARTIES: Australian Medical Association Catholic Commission for Employment Relations Employers First Health Industrial Relations Leana Street Consulting Moran Health Group Private Hospitals Association of NSW Inc Service Industry Advisory Group

FILE NUMBER(S): IRC 6872 of 2004

CORAM: Boland J

CATCHWORDS: Award - Application to vary award re superannuation to provide for benefits in excess of those prescribed by legislation - Wage Fixing Principle relating to superannuation - Whether variation conflicts with legislation - Whether variation could be made limited to named consenting employers - Complexity of variation - Standing of unregistered organisations - Capacity of unregistered organisations to represent members - Parties directed to confer

Industrial Relations Act 1996 LEGISLATION CITED: Superannuation Guarantee (Administration) Act 1992 (Cth)

Health and Research Employees' Association of New South Wales v Baptist Community Services NSW & ACT (No 2) (2003) 122 IR 199 New South Wales Lotteries Corporation v Public Service Association and Professional Officers' Association Amalgamated Union of New South Wales (2003) 131 IR 203 CASES CITED: Re Laundry Employees (State) Award (No 2) (1993) 49 IR 91 Re Occupational Health Nurses' Superannuation (State) Award & Other Awards (1996) 85 IR 158