State Wage Case 2006 [2006] NSWIRComm 67

Industrial Relations Commission of New South Wales

CITATION: State Wage Case 2006 [2006] NSWIRComm 67

APPLICANT Unions NSW

RESPONDENTS Australian Business Industrial and affiliated associations Australian Industry Group, New South Wales Branch Australian Retailers Association PARTIES: Catholic Commission for Employment Relations Employers First and affiliated associations Local Government and Shires Association Minister for Industrial Relations Motor Traders' Association of New South Wales Public Employment Office

INTERVENOR Minister for Employment and Workplace Relations (Cth)

FILE NUMBER(S): IRC 5778 of 2005

CORAM: Wright J President; Walton J Vice-President; Harrison DP; Boland J; Bishop C; Stanton C

CATCHWORDS: State Wage Case - Application by State peak council for employees for a State Decision seeking increase in rates of pay in accordance with Commission's wage fixing principles - Notices of motion by federal Minister for Employment and Workplace Relations and State peak councils for employers to adjourn the application until after the first wage determination of the Australian Fair Pay Commission or after the first wage determination of the Australian Industrial Relations Commission under the Workplace Relations Amendment (Work Choices) Act 2005 (Cth) - Consideration of implications of the Work Choices legislation for the operation of the Industrial Relations Act 1996 - Constitutional challenge to Work Choices legislation - Whether decision of Australian Industrial Relations Commission under Work Choices legislation in respect of minimum wages could be regarded as a National decision under the Industrial Relations Act - Comity - Divergence of purpose between Work Choices legislation and Industrial Relations Act - Applications to adjourn refused - Directions made for hearing of application for State decision