NSW Caselaw
Industrial Relations Commission of New South Wales
CITATION: Motels, Accomodation & Resorts (State) Award [2005] NSWIRComm 248
EMPLOYERS FIRST PARTIES: LIQUOR, HOSPITALITY AND MISCELLANEOUS WORKERS UNION, NEW SOUTH WALES BRANCH
FILE NUMBER(S): IRC 5334 of 2004
CORAM: Walton J Acting President; Grayson DP; Tabbaa C
CATCHWORDS: Employer application to vary state award - Counterpart federal award - Operation of counterpart award principles - Importation into state award of some but not other federal award clauses - Undisputed history of counterpart federal and state awards - Agreed desirability of continuance of counterpart relationship - History of counterpart award principles - Continuing application thereof - Award making powers and requirements of the Industrial Relations Act supported and complimented by counterpart award principles - Absence of requirement for strict counterpart status - Divergence of state and federal schemes a basis for departure from counterpart award status - Primary obedience to requirements of state legislation - Sound commonsense and policy basis for counterpart award principles - Desirable in interests of comity that state award reflects provisions of federal award where industry is largely regulated by the latter - Union opposition to application insufficient to disturb counterpart status - Application granted but in accordance with full counterpart status - State award varied.
Industrial Relations Act 1996 LEGISLATION CITED: Workplace Relations Act 1996
Agricultural Employees (State) and Other Awards, Re [1967] AR (NSW) 56 Compositors, &c (Country) Award, Re [1960] 59 AR (NSW) 61 Engineers (State) Award, Re [1964] 64 AR (NSW) 54 Musicians (State) Award, Re [1956] 56 AR (NSW) 585 Pastoral Industry (State) Award, Re (2000) 104 IR 168 CASES CITED: Production Planners, Technical Officers &c (State) Award, Re [1967] 67 AR (NSW) 52 Sawmills &c (State) Award (No 1), Re (unreported, Hungerford J, 27 October 1989) Sawmills &c (State) Award (No 2), Re (unreported, Hungerford J, 1 June 1990)
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