Clerical and Administrative Employees (State) Award (No 2), Re [2005] NSWIRComm 397

Industrial Relations Commission of New South Wales

CITATION: Clerical and Administrative Employees (State) Award (No 2), Re [2005] NSWIRComm 397

APPLICANTS Employers First (Matter No IRC2001/3613) Federated Clerks' Union of Australia, New South Wales Branch (Matter No IRC2003/1413) now called United Services Union

RESPONDENTS Employers First (Matter No IRC2003/1413) Federated Clerks' Union of Australia, New South Wales Branch (Matter No IRC2001/3613) now called United Services Union PARTIES: Printing Industries Association of Australia Australian Medical Association (NSW) Limited Restaurant & Caterers Association of New South Wales Australian Business Industrial New South Wales Road Transport Association Inc Australian Industry Group New South Wales Branch

FILE NUMBER(S): IRC 3613 of 2001 and IRC 1413 of 2003

CORAM: Wright J President; Sams DP; Staff J; Bishop C

Award - Clerical Industry - Application by Employers First to vary award re casual employees' span of ordinary hours, penalty rates for ordinary time worked on Saturday and Sunday and extension of ordinary hours to 7.00 pm - Application opposed by Union party to award - Application by Union party and other employers to remove alleged award ambiguity re hours of work and shiftwork - Special case principles - Matters to which Commission is to have regard - Requirements of s 10 of the Industrial Relations Act - Award making power - Fair and reasonable conditions of employment - Onus on respective applicants - Merits of applications - Lack of evidence for reduced penalty rates for ordinary time worked on Saturday and Sunday - Alleged ambiguity rejected - Concession by Union - Variation to award re ordinary time worked on Saturday and Sunday - Public interest to extend ordinary hours to 7.00 pm Monday to Friday - Savings provision sought - New award made. CATCHWORDS: