Nsw gov’t seeks to delay ‘award simplification’ case

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Nsw gov’t seeks to delay ‘award simplification’ case

The NSW Government occupied most of yesterday’s report back in the ‘Award Simplification’ Test Case arguing that the Federal Commission is not empowered to set principles covering all allowable award items at the same time.

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The NSW Government occupied most of yesterday’s report back in the ‘Award Simplification’ Test Case arguing that the Federal Commission is not empowered to set principles covering all allowable award items at the same time.

The NSW Government sought to rely on, among other things, s106of the Workplace Relations Act 1996which provides: "After the commencement of this section, a Full Bench of the Commission may establish principles about the making or varying of awards in relation to each of the allowable award matters".

The NSW Government submitted that this provision requires the Full Bench to hand down, in effect, 20 separate principles after dealing with each ‘allowable award matter’.

The NSW Government also requested that the Commission convene a special hearing to examine its jurisdictional points, a position the Commission is understood to have rejected.

The Commission has reserved its decision as to how this matter is to proceed further.

 

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