Coal Industry (Accident Pay) Interim Award 2004 [2005] NSWIRComm 119

Industrial Relations Commission of New South Wales

CITATION: Coal Industry (Accident Pay) Interim Award 2004 [2005] NSWIRComm 119

Construction, Forestry Mining and Energy Union, New South Wales Branch Electrical Trades Union, New South Wales Branch Australian Manufacturing Workers Union Employers First PARTIES: Australian Industry Group Australian Business Industrial Electrical Contractors Association of New South Wales New South Wales Minerals Council

FILE NUMBER(S): 6261 of 2004

CORAM: Grayson DP

Application for a new award - coal mining industry - accident pay - industry regulation by federal award/certified agreements - wage fixing principles - first award principle - special case principle - roping in award - industry standard of 78 weeks accident pay applying only to employees of employers who are parties to federal instrument - workers compensation - monopoly insurance arrangements - endorsement to standard policy of insurance - payments made in error to award free claimants - principles of restitution and unjust enrichment - substantial increase in use of contactor/labour hire employees - protracted and complex process of roping in new employers - common rule system of award regulation seen by applicant as more effective and expeditious - limiting circumstances of matter preclusive of flow-on CATCHWORDS: Held - wage fixing principles relevantly satisfied - new award affording industry standard to those employees not covered by federal instrument consistent with obligation to set fair and reasonable conditions of employment - application granted - new award made