Family Provisions Case 2005 [2005] NSWIRComm 478

Industrial Relations Commission of New South Wales

CITATION: Family Provisions Case 2005 [2005] NSWIRComm 478

FILE NUMBER(S): IRC 4201 of 2005

CORAM: Wright J President; Sams DP; Staff J; Ritchie C

CATCHWORDS: State decision - Family Provisions Leave - Conditions of employment - General order made - Reasons for decision to be given as soon as practicable.

Public Sector Employment and Management Act 2002 s 3 LEGISLATION CITED: State Owned Corporations Act 1989

CASES CITED: State Personal/Carer's Leave Case 1998 (1998) 84 IR 416

HEARING DATES: 12/19/2005 EXTEMPORE JUDGMENT DATE: 12/19/2005

JUDGMENT:

INDUSTRIAL RELATIONS COMMISSION OF NEW SOUTH WALES

FULL BENCH

CORAM: WRIGHT J, President SAMS DP STAFF J RITCHIE C

Monday 19 December 2005

Matter No IRC 4201 of 2005

FAMILY PROVISIONS CASE 2005

Summons to show cause - Commission on its own initiative pursuant to Part 3 of Chapter 2 of the Industrial Relations Act 1996

DECISION OF THE COMMISSION (extempore) [2005] NSWIRComm 478

1 We acknowledge the assistance provided by the submissions of the parties which have greatly facilitated our prompt determination of these proceedings. 2 We have decided that a general order will be made in terms of the Unions New South Wales draft order (Exhibit 2), subject to the substitution of paragraph 10 (at pp 6 to 8) thereof by paragraph 10 of the Australian Business Industrial draft (Exhibit 12). Excluded from the general order will be:

(1) The public sector, which comprises: (a) those employers which come within the definition of "public sector service" in s 3 of the Public Sector Employment and Management Act 2002; (b) State owned corporations within the meaning of the State Owned Corporations Act 1989;