Private Pathology Laboratories (State) Award and Clerical and Administrative Employees (State) Award [2002] NSWIRComm 268

Industrial Relations Commission of New South Wales

CITATION : Private Pathology Laboratories (State) Award and Clerical and Administrative Employees (State) Award [2002] NSWIRComm 268 APPLICANT: Queensland Medical Laboratory (Partnership) RESPONDENTS: Federated Clerks Union of Australia, New South Wales Branch PARTIES : Australian Liquor, Hospitality and Miscellaneous Workers Union New South Wales Branch Douglass Hanly Moir Pathology Pty Limited Barratt and Smith Pathology Southern Pathology Services Pty Ltd Sonic Healthcare Ltd FILE NUMBER: 4868 and 4869 of 2002 CORAM: Sams DP Applications for exemption from redundancy provisions in awards - section 18 of the Act - sale of business - ongoing employment on equivilent terms and conditions - consent of parties CATCHWORDS : Held, applications not contrary to the public interest - best interests of employees and employer considered - consent of parties - similar order made in Queensland jurisdiction - life of order - exemption granted - orders made LEGISLATION CITED : Industrial Relations Act 1996 HEARING DATES: 10/08/2002 DATE OF JUDGMENT: 10/08/2002

APPLICANT: Mr T McCarthy (Agent - Employment Relations Association Pty Ltd) RESPONDENTS: LEGAL REPRESENTATIVES: Ms T Mihailuk (Federated Clerks Union of Australia, New South Wales Branch) Ms J Taverner ( Australian Liquor, Hospitality and Miscellaneous Workers' Union New South Wales Branch) Ms M Stanko (Douglass Hanly Moir Pathology Pty Ltd, Barratt and Smith Pathology, Southern Pathology Services Pty Ltd and Sonic Healthcare Ltd