Child Employment Principles Case 2007 [2007] NSWIRComm 110

Industrial Relations Commission of New South Wales

CITATION: Child Employment Principles Case 2007 [2007] NSWIRComm 110 This decision has been amended. Please see the end of the judgment for a list of the amendments.

Australian Business Industrial Australian Federation of Employers and Industries and its affiliates Australian Industry Group Catholic Commission for Employment Relations PARTIES: Local Government and Shires Associations of New South Wales Minister for Industrial Relations Motor Traders Association of New South Wales Public Employment Office Unions NSW

FILE NUMBER(S): IRC 3579 of 2006

CORAM: Wright J President; Walton J Vice-President; Schmidt J; Sams DP; Boland J; McLeay C

Child Employment - Summons to show cause issued by Commission - Industrial Relations (Child Employment) Act 2006 - No net detriment - Effect of WorkChoices legislation - Principles for child employment - Proposed principles - Principles established CATCHWORDS: Statutory Interpretation - Proper construction of Industrial Relations (Child Employment) Act 2006 - Principles established

Annual Holidays Act 1944 Apprenticeship and Traineeship Act 2001 Children (Care and Protection - Child Employment) Regulations 2001 Children and Young Persons (Care and Protection - Child Employment) Regulations 2005 Children and Young Persons (Care and Protection) Act 1998 s 22 Children's Protection Act 1902 Education Act 1990 Employment Protection Act 1982 LEGISLATION CITED: Industrial Arbitration Act 1940 Industrial Relations (Child Employment) Act 2006 s 3, s 3(1), s 4, s 4(1), s 4(1)(a), s 4(1)(b), s 4(1)(c), s 4(2), s 4(2)(a)), s 4(2)(b), s 4(3), s 4(3)(b), s 4(4). s 4(4)(b), s 5, s 5(1), s 5(2), s 5(2)(d), s 5(3), s 5(3)(b), s 5(4), s 5(5), s 10, s 11, s 12, s 15, s 16, s 16(1)(e) Industrial Relations Act 1991 Industrial Relations Act 1996 5(4), s 6(1), s 6(2), s 8, s 10, s 35, s 76, s 117, s 118, s 124, s 146, s 371 Long Service Leave (Metalliferous Mining Industry) Act 1963 Long Service Leave Act 1955 Occupational Health and Safety Act 2000 Public Sector Employment and Management Act 2002 Superannuation Guarantee (Administration) Act 1992 (Cth) Workplace Relations Amendment (WorkChoices) Act 2005 (Cth) s 16(1)