Health Administration Corporation and Department of Health, Nurses (State) Award [2007] NSWIRComm 1058 (29 August 2007)

Last Updated: 25 October 2007

NEW SOUTH WALES INDUSTRIAL RELATIONS COMMISSION

CITATION : Health Administration Corporation and Department of Health, Nurses (State) Award [2007] NSWIRComm 1058



FILE NUMBER(S): 732

HEARING DATE(S): 29/08/07

DATE OF JUDGMENT: 29 August 2007
PARTIES:
New South Wales Nurses Association

Health Administration Corporation

CORAM: Macdonald C


CATCHWORDS: Award Review - s 19 of the Act - consent of the parties - award changes - award reviewed

LEGAL REPRESENTATIVES

NSW Nurses Association
Ms K Wild
Director General, New South Wales Health
Mr L Newman


CASES CITED: Principles for Review of Awards - State Decision (1998) 85 IR 38

LEGISLATION CITED: Industrial Relations Act 1996



JUDGMENT:

INDUSTRIAL RELATIONS COMMISSION OF NEW SOUTH WALES

CORAM: COMMISSIONER MACDONALD

29 August 2007

Matter No IRC 732 of 2007

Health Administration, Corporation and Department of Health, Nurses (State) Award - Notice of Award Review pursuant to section 19 of the Industrial Relations Act 1996

DECISION

[2007] NSWIRComm 1058

1 This Decision arises from notices of review generated on 21 May 2007 by the Industrial Registrar, pursuant to s 19 of the Industrial Relations Act 1996 ("the Act").

2 This file was originally listed before Grayson DP on 23 July 2007 and subsequently reallocated to myself.

3 The file was set down for a Consent Hearing on 29 August 2007. At that hearing, Ms K Wild appeared for the New South Wales Nurses Association.

Mr L Newman appeared for Director General, New South Wales Health.

4 The purpose of the Award Review process was set out in the decision of the Full Bench of the Industrial Relations Commission of New South Wales in the Principles For Review of Awards - State Decision (1998) 85 IR 38.

The Full Bench stated that the purpose of the Award Review process, pursuant to s 19 of the Act, has a stated and limited purpose - namely "to modernise awards, to consolidate awards relating to the same industry and to rescind obsolete awards."

5 At the Hearing, Ms Wild advised that the parties had engaged in discussions as to reviewing the award in question and had agreed on changes to be made to the award in question.

In that regard, Ms Wild tendered two documents both of which were a copy of the reviewed award - reflecting the agreed changes.

One copy indicated the agreed changes that had been made to the reviewed award in question (Ex 1). The other copy was a "clean copy" of the reviewed award in question (Ex 2).

6 In particular, the Commission notes that the award in question has undergone a name change from: Health Administration Corporation and Department of Health, Nurses (State) Award to: Crown Employees Nurses (State)Award.

7 Mr Newman agreed that the changes made were by consent and supported Ms Wild's submission that the reviewed award in question be marked as Award Reviewed.

8 The Commission issued an Ex Tempore decision advising that the award in question would be marked "Award Reviewed" (having regard to the Principles for Review of Awards) and this Decision confirms that Ex Tempore decision.

9 The variations agreed to by the parties will take effect from 29 August 2007.

A Macdonald

Commissioner

LAST UPDATED: 18 October 2007