Clerical and Administrative Employees (State) Award. Application by Kendall Airlines (Australia) Pty Ltd for variation re stand down clause [2001] NSWIRComm 233

Industrial Relations Commission of New South Wales

CITATION : Clerical and Administrative Employees (State) Award. Application by Kendall Airlines (Australia) Pty Ltd for variation re stand down clause [2001] NSWIRComm 233 APPLICANT PARTIES : Kendall Airlines (Australia) Pty Ltd RESPONDENT Federated Clerks Union (New South Wales Branch) FILE NUMBER: 6241 of 2001 CORAM: Sams DP Stand down application - company under administration - variation to award - consent of parties - variation to Federal industrial instrument CATCHWORDS : Held, extraordinary and unique circumstances - variation in the public interest - consent of the parties significant - limited term of order - stand down clause approved LEGISLATION CITED : Industrial Relations Act 1996 HEARING DATES: 09/20/2001 DATE OF JUDGMENT: 09/20/2001

APPLICANT Mr A Farr Kendall Airlines Australia Pty Ltd LEGAL REPRESENTATIVES: RESPONDENT Mr A Macdonald Federated Clerks Union (New South Wales Branch)

JUDGMENT: INDUSTRIAL RELATIONS COMMISSION OF NEW SOUTH WALES CORAM: SAMS, DP

20 September 2001

Matter No. IRC01/6241

CLERICAL AND ADMINISTRATIVE EMPLOYEES (STATE) AWARD

Application by Kendall Airlines (Australia) Pty Ltd for variation re stand down clause

D E C I S I O N

1 This is an application, pursuant to s17 of the Industrial Relations Act, 1996 ("the Act"), by Kendall Airlines (Australia) Pty Ltd ("the applicant") to vary the Clerical and Administrative Employees (State) Award (296 IG 619) ("the Award"), to include a new clause 38A - Stand Down during period of Administration of Kendall Airlines (Aust) Pty Ltd.