Charitable Sector Aged And Disability Services (State) Award. [2000] NSWIRComm 217

Industrial Relations Commission of New South Wales

CITATION : Charitable Sector Aged And Disability Services (State) Award. [2000] NSWIRComm 217 APPELLANT: New South Wales Nurses' Association

FIRST RESPONDENT: The Health and Research Employees' Association of New South Wales PARTIES : SECOND RESPONDENT: Aged Care Association of New South Wales (Industrial)

THIRD RESPONDENT Catholic Commission for Employment Relations FILE NUMBER: IRC3514 of 1999 CORAM: Wright J President; Walton J Vice-President; Connor C CATCHWORDS : Appeal from a decision re award application - Leave granted - Appellable error found - Parties to consider interim award - Consent of parties to an award application considered relevant but not decisive - Award designed to improve flexibility at the workplace - Award cut across traditional areas of coverage - Further proceedings before Full Bench - Further evidence admitted - Developments in intervening period - Circumstances for consideration of final order altered - Leave to appeal revisited - Not now appropriate to disturb decision at first instance - Leave to appeal rescinded - Appeal dismissed LEGISLATION CITED : Industrial Relations Act 1996 HEARING DATES: 09/15/1999; 12/01/1999; 07/19/2000; 10/23/2000 DATE OF JUDGMENT: 12/14/2000

APPELLANT: Mr M Kimber SC New South Wales Nurses' Assocition

FIRST RESPONDENT: Mr J Trew QC and Mr J Murphy of Counsel SOLICITOR: Mr G Keating LEGAL REPRESENTATIVES: McClellands Solicitors