Termination of award-based transitional instruments
[2011] FWA 5448
•21 OCTOBER 2011
[2011] FWA 5448 |
|
DECISION |
Fair Work (Transitional Provisions and Consequential Amendments) Act 2009
Sch. 5, Item 3 - Variation & termination certain transitional instruments etc. to take account of Part10A award modern process
(CT2011/351)
PRIVATE HOSPITAL (NAMED RESPONDENTS) (STATE) AWARD
Health and welfare services | |
VICE PRESIDENT WATSON | SYDNEY, 21 OCTOBER 2011 |
Termination of award-based transitional instruments.
[1] The Private Hospitals (Named Respondents) (State) Award (the Award) originated as an award of the New South Wales Industrial Relations Commission. It is asserted that it was made by consent of each of the named respondents and that they are all constitutional corporations.
[2] If this is correct then the award became an agreement in the New South Wales system by virtue of s 44C of the Industrial Relations Amendment Act 2006 (NSW). It follows that the instrument is a preserved state agreement and cannot be terminated under Schedule 5 of the Fair Work (Transitional Provisions and Consequential Amendments) Act 2009.
VICE PRESIDENT WATSON
Appearances:
S. Borrow for Sydney Adventist Hospital
Hearing details:
2011.
Sydney
July, 27
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