Industrial Relations Commission of New South Wales CITATION : Catholic Schools Long Service Leave Portability (State) Award Application by New South Wales Independent Education Union for a new award [2004] NSWIRComm 403 APPLICANT: New South Wales Independent Education Union PARTIES : RESPONDENT: Catholic Commission for Employment Relations FILE NUMBER: 7028 of 2004 CORAM: Schmidt J CATCHWORDS : Award - application for new award - portability of long service leave - Award made LEGISLATION CITED : Industrial Relations Act 1996 HEARING DATES: 12/16/2004 DATE OF JUDGMENT: 12/17/2004 APPLICANT: Ms C Matthews Independent Education Union LEGAL REPRESENTATIVES: RESPONDENT: Mr E Leahy Catholic Commission of Employment Relations JUDGMENT: - 2 - INDUSTRIAL RELATIONS COMMISSION OF NEW SOUTH WALES CORAM: Schmidt J DATE: 17 December 2004 Matter No IRC 7028 of 2004 Catholic Schools Long Service Leave Portability Award Application by New South Wales Independent Education Union for a new award 1 This is an application for the making of a new award in terms of exhibit 1. The application was there amended to make reference to the New South Wales Local Government, Clerical, Administrative, Energy, Airlines & Utilities Union. 2 The application was supported by an affidavit of Carol Mathews sworn on 16 December, in which it was deposed that the proposed award provides for equal remuneration and other conditions of employment for men and women doing work of equal or comparable value. 3 The application was consented to by the parties The award seeks to improve affected employees' entitlements to long service leave, in a number of respects. Its effect is to provide for continuing recognition of service when an employee moves from the employ of one participating Catholic employer, to that of another. 4 Having considered the terms of the amended application, the supporting affidavit and the submissions advanced at the hearing, I am satisfied that the proposed award sets fair and reasonable conditions of employment; complies with the requirements of the Industrial Relations Act 1996 and the Commission's applicable award making principles. It is accordingly appropriate that I exercise the Commission's discretion to give effect to the agreement which the parties have reached. 5 For these reasons I make the new award in terms of exhibit 1. The award will take effect from 28 January 2005 and shall remain in force until 27 January 2007. The proceedings will conclude with the filing of a copy of the new award, in computer readable format, as undertaken at the hearing by Ms Mathews, for the applicant Independent Education Union. 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.