NSW Caselaw
Industrial Relations Commission of New South Wales
CITATION: Building and Construction Industry (State) Award, Re [2006] NSWIRComm 387
APPLICANT: Construction, Forestry, Mining and Energy Union (New South Wales Branch)
RESPONDENTS: PARTIES: Master Builders Association of NSW Building Industry Specialist Contractors Association of NSW Inc Housing Industry Association Australian Business Industrial Employers First
FILE NUMBER(S): IRC 5815 of 2005
CORAM: Wright J President; Walton J Vice-President; Grayson DP
CATCHWORDS: Award - variation of award - rates of pay - apprentices and trainees - special case - application with consent of all interests but one minor interest - relevant principles - comprehensive conciliated settlement - consent not determinative but relevant - minor interest entitled to consideration - matter of degree in the circumstances - whether just and reasonable settlement - special attributes out of the ordinary - skills shortage affecting work value and public interest - competency based training - consequences for work value - changing demographics - apprentices older - higher educational levels - substantial basis in merit for increases - consent of major parties - minor interest objections not sustained by evidence - decision of Australian Fair Pay Commission not relevant to decision - variation to award made.
LEGISLATION CITED: Industrial Relations Act 1996 Workplace Relations Act (1996) (Cth)
Carpenters and Joiners and Bricklayers, Construction (State) Award [1968] AR (NSW) 32 Crown Employees (Administrative and Clerical Officers) (State) Award (No 2) (1993) 52 IR 243 Health Employees Pharmacists (State) Award and other Awards (2003) 132 IR 244 Operational Ambulance Officers (State) Award (2001) 113 IR 384 CASES CITED: Public Hospital Nurses (State) Award (No 3) (2002) 121 IR 28 Social and Community Services Employees (State) Award (2001) 113 IR 119 State Wage Case (No 6) [2006] 153 IR 268 Transport Industry (State) Award (1996) 95 IR 126 Transport Industry (State) Award (2000) 95 IR 232.
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