Re Nurses’ (Department of Family and Community Services – Ageing, Disability and Home Care) (State) Award 2017 [2018] NSWIRComm 1006

Industrial Relations Commission New South Wales Medium Neutral Citation: Re Nurses' (Department of Family and Community Services – Ageing, Disability and Home Care) (State) Award 2017 [2018] NSWIRComm 1006 Hearing dates: 5 October 2017 Date of orders: 07 February 2018 Decision date: 07 February 2018 Jurisdiction: Industrial Relations Commission Before: Chief Commissioner Kite SC; Murphy C; Seymour C Decision: The application for variation is refused. Catchwords: INDUSTRIAL LAW – New South Wales – awards and agreements – application for variation to remove ambiguity – dispute resolution clause Legislation Cited: Fair Work Act 2009 (Cth) Fair Work (Transitional Provisions and Consequential Amendments) Act 2009 (Cth) Industrial Relations Act 1988 (Cth) Industrial Relations Act 1996 (NSW) National Disability Insurance Scheme (NSW Enabling) Act 2013 (NSW) Cases Cited: Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union v ALS Industrial Australia Pty Ltd [2015] FCAFC 123; 235 FCR 305 Construction, Forestry, Mining and Energy Union v The Australian Industrial Relations Commission [2001] HCA 16; 203 CLR 645 Re Crown Employees (New South Wales Department of Family and Community Services) Residential Centre Support Services Staff Award 2015; Re Crown Employees Ageing, Disability and Homecare - NSW Department of Family and Community Services (Community Living Award) 2015 [2017] NSWIRComm 1058; 270 IR 19 TCL Air Conditioner (Zhongshan) Co Ltd v The Judges of the Federal Court of Australia [2013] HCA 5; 251 CLR 533 Category: Principal judgment Parties: New South Wales Nurses and Midwives' Association (Applicant)