New South Wales Department of Community Services Community Living and Residential (Interim) (State) Award [2000] NSWIRComm 172

Industrial Relations Commission of New South Wales

CITATION : New South Wales Department of Community Services Community Living and Residential (Interim) (State) Award [2000] NSWIRComm 172 APPLICANT: New South Wales Department of Community Services PARTIES : RESPONDENT: Public Service Association and Professional Officers' Association Amalgamated Union of New South Wales FILE NUMBER: 2273 of 1999 CORAM: Wright J President at 1; Schmidt J at 1; McKenna C at 93 CATCHWORDS : Award - Application to vary award - Conditions of employment - Sleepover provisions - Competing positions of parties - Evidence called by respective parties - Occupational health and safety considerations - History of relevant provisions - Fair and reasonable conditions - Relevance of previous enterprise agreement - Obligations on employer - Interference with employees' family and personal lives - Safeguards to be included in provision awarded - Whether employer should be able to require employees to perform sleepovers in the absence of employee consent - First award principle - Fixing of appropriate allowance for performing sleepover - Operative date - Variation to award made Industrial Relations Act 1996 s47 s10 s17 s22 s22(1) LEGISLATION CITED : Industrial Relations Act 1991 (repealed) s131 Occupational Health and Safety Act 1983 Re Cram: Ex parte N.S.W. Colliery Proprietors' Association Limited (1987) 163 CLR 117 CASES CITED : State Wage Case 2000 (2000) 97 IR 93 WorkCover Authority of New South Wales (Inspector Egan) v Atco Controls Pty Limited (1998) 82 IR 80 WorkCover Authority of New South Wales (Inspector Tuckley) v The Crown in Right of the State of New South Wales (Department of Community Services) (1999) 96 IR 1 HEARING DATES: 09/07/1999; 09/09/1999; 09/10/1999; 09/13/1999; 10/29/1999; 02/17/2000; 04/17/2000; 05/09/2000 DATE OF JUDGMENT: 09/01/2000