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; (2) Persons employed under the Local Government (State) Award. (3) Single issue awards dealing only with superannuation, redundancy and/or training wage. (4) Persons employed under the following awards: (a) Those awards listed in paragraphs (a)(i), (ii) and (v) and (b) of the substituted order 3 inserted by the decision in the State Personal/Carer's Leave Case 1998 (1998) 84 IR 416 at 437 - 438, and awards varying or replacing those awards; (b) Awards listed in paragraphs 27 and 28 of the submissions of the Catholic Commission for Employment Relations, being the: (i) Teachers (Archdiocese of Sydney, Dioceses of Broken Bay and Parramatta) (State) Award; (ii) Advisers (Archdiocese of Sydney and Dioceses of Broken Bay and Parramatta) (State) Award; (iii) Advisers (Diocese of Maitland-Newcastle) (State) Award; (iv) Teachers (Country and Regional Dioceses) (State) Award; (v) Teachers (Catholic Early Childhood Centres and Pre-Schools) (State) Award; (vi) Principals (Archdiocese of Sydney and Dioceses of Broken Bay and Parramatta) (State) Award; and (vii) the Principals (Country and Regional Dioceses) (State) Award. (c) Awards applying to other private schools. 3 The making of the general order is subject to the following conditions: 1. Parties to any award subject to the general order may apply to the Industrial Registrar for a formal settlement of the variation required to be made to the award by the general order and the Industrial Registrar shall arrange for such settlement subject to any order made by the Commission in respect of the application. 2. Applications shall be made to vary the following awards: (a) public sector awards; (b) the Local Government (State) Award; (c) awards to which the CCER is party; (d) other private school awards in respect of Family Provisions Leave by 12 Noon on Monday, 30 January 2006 and such applications will be listed for hearing at 10am on Friday, 3 February 2006. 3. The Full Bench will sit at 10am on Monday, 13 February 2006 to hear any applications in respect of particular awards which a party to the award submits requires modification of the general order in its application to that award. Any application in that regard must be filed and served in Matter No 4201/2005 by 12 Noon on Monday, 6 February 2006 (with accompanying written submissions) and whether any particular application is listed for hearing on 13 February 2006 will be determined by the Full Bench. 4 We shall give reasons for our decision as soon as practicable. These proceedings are adjourned until 10am on Monday, 13 February 2006. _______________ Note: The General Order will be published on the Commission's website as soon as possible. DISCLAIMER - Every effort has been made to comply with suppression orders or statutory provisions prohibiting publication that may apply to this judgment or decision. The onus remains on any person using material in the judgment or decision to ensure that the intended use of that material does not breach any such order or provision. Further enquiries may be directed to the Registry of the Court or Tribunal in which it was generated.