Teachers (Independent Schools) State Award 2001 [2002] NSWIRComm 250

Industrial Relations Commission of New South Wales

CITATION : Teachers (Independent Schools) State Award 2001 [2002] NSWIRComm 250 PARTIES : NSW Independent Education Union Seventh Day Adventist Church FILE NUMBER: IRC 5235 of 2001 CORAM: Grayson DP Application for inclusion within scope of existing award - exemption provisions within Area, Incidence and Duration clause - minister/teachers who are members of Seventh Day Adventist Church presently exempted - clause contemplates application being made on behalf of such members individually or severally - IEU application made on behalf of 37 individual members - opposed by Church on doctrinal or policy grounds - wages and conditions of employment hitherto fixed administratively by Church - regulation by award said to be inconsistent with teachings of Church - withholding of remuneration by tithe - operation of sections 117, 118 and 119 of the Act considered - operation of section 18 of the Act considered - distinction between exemption from award and exclusion from award discussed - challenge to standing of application brought by petition CATCHWORDS : Held, present award exempts minister/teachers from its operation - application duly made on behalf of such persons - appropriate in proper exercise of Commission's discretion to grant IEU application - application granted LEGISLATION CITED : Industrial Arbitration Act 1940 Industrial Relations Act 1996 A & M Thompson Pty Ltd & Ors v Total Australia Ltd [1980] 2 NSWLR 1 Agius v Arrow Freightways Pty Ltd [1965] AR (NSW) 77 Baker v National Distribution Services Ltd (1993) 50 IR 254 Brown & Ors v Rezitis & Ors (1970-1971) 127 CLR 157 Bryce & Anor v Apperley (1998) 82 IR 448 City of Wanneroo v Holmes (1989) 30 IR 362 Davies & Anor v General Transport Development Pty Ltd & Ors (1967) 67 AR 371 Employers Federation of NSW v Federated Clerks Union [1993] NSWIRComm 32 Independent Schools Staff Association ACT v Canberra CEGGS and Ors, 17 Dec 1984, No.5668 of 1983 Print F7328 Independent Schools Staff Association ACT v Canberra CEGGS and Others, 22 May 1985, ACAC, C No 4535 of 1984 CASES CITED : Kingham v Sutton (No.3) [2001] FCA 1117 Kingmill Australia Pty Ltd t/as Thrifty Car Rental v Federated Clerks' Union of Australia, NSW Branch (2001) 106 IR 217 National Distribution Services Ltd v Kellett and Ors (1998) 80 IR 475 Prescott College & Ors v South Australian Commission for Catholic Schools Inc & Ors, SAIRC, 1 December 1997, No 89 of 1984 Printing Industry Superannuation Award (NSW), Re, (1990-1991) 36 IR 247 Private Hospital Nurses (State) Award, Re [1994] NSWIRComm 158 State Personal/Carers Leave Case 1998 (1998) 84 IR 416 Nursing Homes, &c Nurses' (State) Award & Anor, Re [2001] NSWIRComm 298 Teachers (Independent Schools) (State) Award 2001 Teachers Award - Non Government Schools 1982 (QGIG 15 May 1982) Teachers Award - Non Government Schools 1982 (QGIG 30 October 1982) Union of Australian College Academics v Canberra College of Advanced Education and Others, 10 July 1991, AIRC, C No 363 of 1987 HEARING DATES: 04/08/2002; 04/09/2002; 04/10/2002; 04/12/2002; 07/22/2002 DATE OF JUDGMENT: 10/04/2002