The Spastic Centre of New South Wales Enterprise (State) Award [2008] NSWIRComm 1114

Industrial Relations Commission of New South Wales

CITATION: The Spastic Centre of New South Wales Enterprise (State) Award [2008] NSWIRComm 1114

PARTIES: Health Services Union Spastic Centre of NSW Leana Street Consulting

FILE NUMBER(S): 1580 of 2008

CORAM: Macdonald C

CATCHWORDS: Award Review - s19 of the Act - award reviewed

LEGISLATION CITED: Industrial Relations Act 1996

CASES CITED: Principles for Review of Awards - State Decision (1998) 85 IR 38

HEARING DATES: 28/10/08

DATE OF JUDGMENT: 28 October 2008

Mr D Lipman Health Services Union

DECISION: INDUSTRIAL RELATIONS COMMISSION OF NEW SOUTH WALES

CORAM: MACDONALD C

28 October, 2008

Matter No IRC 1580 of 2008

The Spastic Centre of New South Wales Enterprise (State) Award

Notice of Award Review pursuant to section 19 of the Industrial Relations Act 1996

DECISION

[2008] NSWIRComm 1114

1 This Decision arises from a notice of review generated on 11 September, 2008 by the Industrial Registrar, pursuant to s 19 of the Industrial Relations Act 1996 ("the Act"). 2 This file was listed before myself on 28 October, 2008. 3 The Health Services Union, represented by Mr D Lipman appeared in proceedings before myself.

Mr Lipman appeared for the other parties, as well. 4 The purpose of the Award Review process was set out in the decision of the Full Bench of the Industrial Relations Commission of New South Wales in the Principles For Review of Awards - State Decision (1998) 85 IR 38.

The Full Bench stated that the purpose of the Award Review process, pursuant to S 19 of the Act, has a stated and limited purpose - namely "to modernise awards, to consolidate awards relating to the same industry and to rescind obsolete awards." 5 Mr Lipman advised that one change was required to be made to the Award as part of the s19 award review process and requested that the Award be marked as "Award Reviewed". The one change is listed in the Union's document filed on 27 October, 2008. 6 The Commission issued an Ex Tempore decision advising that the award in question would be marked "Award Reviewed" (having regard to the Principles for Review of Awards) and this Decision confirms that Ex Tempore decision.