Splinters away

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Splinters away

A Full Bench of the IRCNSW (Wright P, Hungerford, Schmidt JJ, Sams DP and Redman C) today handed down principles governing the operation of s19 of the (NSW) Industrial Relations Act 1996.

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A Full Bench of the IRCNSW (Wright P, Hungerford, Schmidt JJ, Sams DP and Redman C) today handed down principles governing the operation of s19of the (NSW) Industrial Relations Act 1996. The principles apply from today.

Section 19of the Actrequires the Commission to review each award at least once each three years. A review is intended to modernise awards, consolidate awards applying to the same industry and to rescind obsolete awards. In so doing the Commission must take account of a number of identified matters including test case decisions; rates of remuneration; part-time, casual and job share arrangements; discrimination and pay equity issues and the award’s ease of understanding. Award review will result in ‘splinter’ awards being consolidated into their parent award or rescinded. That alone will make award obligations easier to understand. (Principles for Review of Awards – State Decision 1998; Matter No IRC 3786 of 1998.)

Because of the number of awards which need to be reviewed, and the fact that no awards have been reviewed since the Actcommenced in September 1996, the Commission decided that, in the normal course of events, a party seeking to vary an award should also apply to have it reviewed at the same time.

 

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