NSW Caselaw
Industrial Relations Commission of New South Wales
CITATION: Public Hospital Medical Physicists (State) Award [2008] NSWIRComm 5
APPELLANT: New South Wales Department of Health PARTIES: RESPONDENT: Health Services Union
FILE NUMBER(S): IRC 260 of 2007
CORAM: Wright J President; Walton J Vice-President; Boland J
CATCHWORDS: Appeal - leave to appeal - award proceedings - new award made - challenge to classifications and salaries awarded - contended excessive and erroneous reliance on job methodology assessments - contended failure properly assess evidence - issue as to definition of classification and whether factors warranting new classification and salary have sufficient application - no undue reliance on job methologogy - fresh evidence refused - leave to appeal granted.
LEGISLATION CITED: Industrial Relations Act 1996 s 176, s 188, s 191
Akins v National Australia Bank (1994) 34 NSWLR 155 CCH Australia Limited v Bowen (1998) 79 IR 206 Electrical Contractors Association of New South Wales v Electrical Trades Union of Australia, New South Wales Branch (2003) 130 IR 284 CASES CITED: Health and Community Employees Psychologists (State) Award (2001) 109 IR 458 Health Employees Pharmacists (State) Award and other Awards (2003) 132 IR 244 Public Hospital Medical Physicist (State) Award [2007] NSWIRComm 19 State Wage Case 2007 (2007) 163 IR 253
HEARING DATES: 14 August, 14 November and 11 December 2007
DATE OF JUDGMENT: 8 February 2008
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