NSW Caselaw
Industrial Relations Commission of New South Wales
CITATION : Nursing Homes, &c Nurses' (State) Award & Anor [2001] NSWIRComm 298 Aged Services Association of New South Wales (Industrial) Australian Business Industrial Australian Industry Group Australian Liquor, Hospitality and Miscellaneous Workers Union Australian Nursing Homes and Extended Care Association (New South Wales) Catholic Commission for Employment Relations Employers Federation of New South Wales (now known as Employers First) PARTIES : Health Commission of Australia Health Research Employees' Association of New South Wales Labor Council of New South Wales Moran Health Care New South Wales Nurses' Association President of the Anti-Discrimination Board Private Hospitals Association Transport Workers Union of Australia, New South Wales Branch FILE NUMBER: IRC 5264 and IRC 5380 of 1999 CORAM: Wright J President; Walton J Vice-President; Schmidt J; Cambridge C Award - application for new award - Personal/carer's leave - Bereavement leave
CATCHWORDS : Conditions of employment - variation to the personal/carer's leave and bereavement leave provisions - right to access sick leave for a pressing domestic necessity
State Decision - variation of clause awarded for Catholic Employers in the State Personal/Carer's Leave Case 1998 (1998) 84 IR 416 Anti-Discrimination Act 1977 (NSW) s35 LEGISLATION CITED : Industrial Relations Act 1991 s14(1) Industrial Relations Act 1996 s3(f) s3(h) s10 s17(3)(b) s19 s51 s51(2) s146(2) s167 s169 s169(1) Personal Carer's Leave Test Case - Stage 2 - November 1995 (1995) 62 IR 48 Principles for Review of Awards - State Decision 1998 (1998) 85 IR 38 Re Journalists (Specialist Publications) (State) Award (unreported, McKenna C, 31 October 2000) CASES CITED : State Family Leave Case - May 1995 (1995) 59 IR 1. State Personal/Carer's Leave Case August 1996 (1996) 68 IR 308 State Personal/Carer's Leave Case 1998 (1998) 84 IR 416 Teachers - St Lucy's School Ltd Enterprise Agreement 1999 and Others [2001] NSWIRComm 4 HEARING DATES: 02/09/2001; 02/16/2001; 09/19/2001 DATE OF JUDGMENT: 11/23/2001
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