PASTORAL INDUSTRY (STATE) AWARD Application by Australian Business Industrial for a new award and another matter [2001] NSWIRComm 27

Industrial Relations Commission of New South Wales

CITATION : PASTORAL INDUSTRY (STATE) AWARD Application by Australian Business Industrial for a new award and another matter [2001] NSWIRComm 27 Australian Business Industrial Employers First PARTIES : Minister for Industrial Relations The Australian Workers' Union, New South Wales Labor Council of New South Wales FILE NUMBER: 6711 of 1999 CORAM: Walton J Vice-President; Schmidt J; Grayson DP; Connor C Award - pastoral industry - application for new award - opposed by union party - counterpart award principles - award simplification process under Workplace Relations Act 1996 - interaction with Industrial Relations Act 1996 - merits of claim not made out - application dismissed CATCHWORDS : Conditions of employment - s10 Industrial Relations Act 1996 - no case established that application would lead to fair and reasonable conditions of employment - conditions concerning occupational, health and safety matters Annual Holidays Act 1944 Anti-Discrimination Act 1977 LEGISLATION CITED : Industrial Relations Act 1996 Workplace Relations Act 1996 Workplace Relations and Other Legislation Amendment Act 1996 Building Tradesmen (State) Construction Award and Other Awards (unreported, Cahill VP, Hungerford J, McKenna C, 19 April 1995) In re Agricultural Employees (State) and Other Awards (1967) 67 AR 56 In re Compositors, &c. (Country) Award (1960) 59 AR 61, In re Engineers (State) Award (1964) 64 AR 54, In re Engineers, &c (State) Award & Ors (1973) 78 AR 313 In re Musicians (State) Award (1957) 56 AR 585 In re International Home Products Pty Ltd Laboratory Staff [1980] AR 652 In re Production Planners, Technical Officers &c (State) Award (1967) 67 AR 52 New South Wales Department of Community Services Community Living and Residential (Interim) (State) Award (2000) 100 IR 447 Occupational Health Nurses' Superannuation (State) Award (unreported, Bauer J, Schmidt J and French C, 6 November 1996) Principles for Review of Awards - State Decision 1998 (1998) 85 IR 38 Re Award Simplification Decision (1997) 75 IR 272 Re Pacific Coal Pty Ltd, ex parte Construction, Forestry, Mining and Energy Union [2000] HCA 34 CASES CITED : Re Pastoral Industry Award 1986 (unreported, Merriman C, 30 June 1988, Print Q3186)) Re Pastoral Industry Award 1986 (unreported, Guidice P, McIntyre VP and Raffaelli C, 12 December 2000, Print T4176)) Re Pastoral Industry Award 1998 (unreported, Guidice P, Ross VP and Foggo C, 18 September 2000 Print T0901)). Re Pastoral Industry Award 1998, (unreported, McIntyre VP, Duncan DP and Jones C, Print R9499 and Print R9225)). Re Pastoral Industry Award 1998, (unreported, Merriman C, 14 March 2000, Print S4073). Re Sawmills etc (State) Award (No 1) (unreported, Hungerford J, 27 October 1989) Re Sawmills etc (State) Award (No 2) (unreported, Hungerford J, 1 June 1990) Re State Wage August 1989, Re Minimum Rates Adjustment (1989) 35 IR 183 Safety Net Review - Wages - April 1997 (1997) 71 IR 1 State Wage Case - August 1997 (1997) 73 IR 200 State Wage Case 1999 (1999) 88 IR 363 State Wage Case 2000 (NSW) (2000) 97 IR 93 Teachers (Non-Government) (Schools) (State) Award and other Awards (unreported, Fisher P, Sweeney J, Varnum DP, 17 August 1990)