Employers First and the NSW/ACT Independent Education Union and Another [2002] NSWIRComm 113

Industrial Relations Commission of New South Wales

CITATION : Employers First and the NSW/ACT Independent Education Union and Another [2002] NSWIRComm 113 APPELLANT Employers First

PARTIES : FIRST RESPONDENT NSW/ACT Independent Education Union

SECOND RESPONDENT Association of Child Care Centres of NSW FILE NUMBER: IRC 175 of 2002 CORAM: Wright J President; Walton J Vice-President; Macdonald C Award - Appeal - Wage fixation - Application for leave to appeal - Primary decision granted substantial increases to teachers in early childhood education - History of wage fixation - Special case - Principle 10 of State Wage Case principles - Nature of criticisms made by primary judge of employers' approach - Apparent criticisms explained - Trial judge's conclusions open - No basis for "leap-frogging" - Leave to appeal refused. CATCHWORDS : Appeal - Award - Wage fixation - Application for leave to appeal - Primary decision granted substantial increases to teachers in early childhood education - History of wage fixation - Special case - Principle 10 of State Wage Case principles - Nature of criticisms made by primary judge of employers' approach - Apparent criticisms explained - Trial judge's conclusions open - No basis for "leap-frogging" - Leave to appeal refused. LEGISLATION CITED : CASES CITED : State Wage Case 2001 (2001) 104 IR 438 Teachers (Non-Government Pre Schools) (State) Award [2001] NSWIRComm 335 HEARING DATES: 05/09/2002; 05/14/2002 EXTEMPORE JUDGMENT DATE : 05/14/2002