Health and Research Employees' Association of New South Wales v Baptist Community Services NSW and ACT [2002] NSWIRComm 32

Industrial Relations Commission of New South Wales in Court Session

CITATION : Health and Research Employees' Association of New South Wales v Baptist Community Services NSW and ACT [2002] NSWIRComm 32 APPLICANT Health and Research Employees' Association of New South Wales

FIRST RESPONDENT Baptist Community Services NSW and ACT PARTIES : SECOND RESPONDENT Aged Services Association of New South Wales

THIRD RESPONDENT Catholic Commission for Employment Relations FILE NUMBER: IRC 7180 of 2001 CORAM: Wright J President Declaratory order - Application for - Award coverage - Award coverage by reference to employer membership of employer organisation - Employer resigns from organisation - Effect on award coverage of employees of that employer - Effect of award review pursuant to s 19 - Effect of making of new award replacing "reviewed" award - Costs.

CATCHWORDS : Declaratory relief - Considerations relevant to granting relief - Discretion - Costs.

Award interpretation - Application for declaratory order - Award coverage - Award coverage by reference to employer membership of employer organisation - Employer resigns from organisation - Effect on award coverage of employees of that employer - Effect of award review pursuant to s 19 - Effect of making of new award replacing "reviewed" award - Costs. LEGISLATION CITED : Conciliation and Arbitration Act 1904 (Cth) s 110 (since repealed) Industrial Relations Act 1996 s 12 s 16(4) s 19 s 154 "A" v Commission for Children and Young People & Anor (2001) 107 IR 211 Atlantis Relocations (NSW) Pty Ltd v Department of Industrial Relations (Inspector O'Regan) (1997) 99 IR 125 Bryce v Apperley (1998) 82 IR 448 Cepus v Heggies Transport Pty Limited (1994) 52 IR 123 Charitable Sector Aged Disability Services (State) Award, Re [2000] NSWIRComm 217 Ford v SAS Trustee Corporation (2000) 98 IR 444 Kingmill Australia Pty Ltd T/A Thrifty Car Rental v Federated Clerks' Union of Australia New South Wales Branch (2001) 106 IR 217 CASES CITED : Metal Industry Award 1971 (Part II) - Draftsmen, Production Planners and Technical Officers [1978] Current Review 543 Neeta (Epping) Pty Limited v Phillips (1974) 131 CLR 286 Perisher Blue v Australian Workers' Union (1999) 91 IR 274 Seamen's Union of Australia v Adelaide Steamship Company (1976) 46 FLR 444 Security Officers (Waterfront) Award, Re (1988) 26 IR 7 Short v F W Hercus Pty Limited (1993) 40 FCR 511 State of New South Wales (Department of Public Works and Services and Department of Education and Training) v WorkCover Authority of New South Wales (Inspector Page) (2000) 101 IR 131 Western Sydney Area Health v Gibson (2001) 109 IR 359 HEARING DATES: 02/25/2002 EXTEMPORE JUDGMENT DATE : 02/25/2002