Nursing Homes &c., Nurses' (State) Award, Re (No 2) [2004] NSWIRComm 198

Industrial Relations Commission of New South Wales

CITATION : Nursing Homes &c., Nurses' (State) Award, Re (No 2) [2004] NSWIRComm 198 PARTIES : New South Wales Nurses' Association, Aged and Community Services Association of New South Wales and ACT Incorporated, Australian Nursing Homes & Extended Care Association (NSW), Australian Business Industrial, Catholic Commission for Employment Relations and Service Industry Advisory Group, Employers First. FILE NUMBER: IRC 3069 and IRC 3870 of 2003 CORAM: Wright J President; Sams DP; Boland J; Bishop C CATCHWORDS : Award - Special case proceedings - Interlocutory application as to the receipt of evidence - Application that Full Bench rule on particular class of evidence as preliminary issue - Application rejected. Industrial Relations Act 1996 s 146 LEGISLATION CITED :

Equal Remuneration Principle, Re (2000) 97 IR 177 Health and Community Employees Psychologists (State) Award, Re [2001] NSWIRComm 302 CASES CITED : Nagle v Tilburg (1993) 51 IR 8 Pastoral Industry (State) Award, Re (2001) 104 IR 168 Public Hospital Nurses (State) Award (No 4) [2003] NSWIRComm 442 Teachers (Non-government Preschools) (State) Award [2001] NSWIRComm 355 HEARING DATES: 06/04/2004 EXTEMPORE JUDGMENT DATE : 06/04/2004

PARTIES: Ms C M Howell of counsel and Mr N Dawson of counsel New South Wales Nurses' Association

Mr A T Britt of counsel Aged and Community Services Association of New South Wales and ACT Incorporated Australian Nursing Homes and Extended Care Association (NSW) LEGAL REPRESENTATIVES: Australian Business Industrial Catholic Commission for Employment Relations Service Industry Advisory Group