NSW Caselaw
Industrial Relations Commission of New South Wales
CITATION: Spastic Centre Of New South Wales (Allied Professional Staff) (State) Award [2008] NSWIRComm 1115
Health Services Union PARTIES: Spastic Centre of NSW Leana Street Consulting
FILE NUMBER(S): 1579 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 October 2008
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 1579 of 2008
Spastic Centre of New South Wales (Allied Professional Staff) (State) Award
Notice of Award Review pursuant to section 19 of the Industrial Relations Act 1996
DECISION
[2008] NSWIRComm 1115
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 two changes were 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 two changes are 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.
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