NSW Caselaw
Industrial Relations Commission of New South Wales
CITATION: Crown Employees (Teacher Staffing Entitlements) Award [2008] NSWIRComm 241
APPLICANT (RESPONDENT ON THE MOTION): New South Wales Teachers Federation PARTIES: RESPONDENT (APPLICANT ON THE MOTION): Department of Education and Training
FILE NUMBER(S): IRC 1389 of 2008
CORAM: Boland J President; Walton J Vice-President; Haylen J; McLeay C
CATCHWORDS: AWARD - Application for a new award in relation to teacher staffing entitlements - Notice of motion contending Commission was without jurisdiction - Whether there was an inconsistency between the Teaching Service Act 1980 and the award-making functions of the Industrial Relations Commission available under the Industrial Relations Act 1996 - Whether s 47A(9) of the Teaching Service Act 1980 operated as a privative clause to prevent in part the making of the Award sought - Whether the no extra claims provision of the Award operated to prevent in part the making of the Award sought - First issue answered in the negative - Second issue answered in the affirmative - Third issue answered in the negative
Industrial Arbitration Act 1912 Industrial Arbitration Act 1940 Industrial Relations Act 1996 Justices Act 1958 (Vic) Licensing Act 1958 (Vic) LEGISLATION CITED: Public Service Act 1902 Public Service Act 1979 Public Sector Management Act 1988 Public Sector Employment Management Act 2002 Teaching Service Act 1980 Teaching Service Amendment Act 2004
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