INDUSTRIAL RELATIONS
COMMISSION OF NEW SOUTH WALES
PRACTICE NOTE NO. 6
First Issue Date:
|
14 July 2000
|
Re-Issue Date:
|
1 February 2010
|
Re-issued pursuant to Section 185A of the Industrial
Relations Act 1996 and Section 15 of the Civil Procedure Act 2005.
APPLICATIONS FOR
CONSENT AWARDS HAVING REGARD TO
SECTION 23 OF THE INDUSTRIAL
RELATIONS ACT 1996
1. The purpose of
this Practice Note is to provide an appropriate procedure for the making of
consent awards having regard to:
(a) the requirements
of section 23 of the Industrial Relations Act 1996, and
(b) the decision of
the Full Bench of the Industrial Relations Commission of 30 June 2000 in Re
Equal Remuneration Principle [2000] NSWIRComm 113.
2. This Practice
Note has effect from the date of re-issue.
3. In the Full
Bench decision in Re Equal Remuneration Principle, the Commission said at 155:
"Operation of s23 of the Act
Finally, and having in mind the cases advanced by the
parties as to the proper construction of the Act which we have dealt with, we
announce that a Practice Note will, in due course, issue to require parties
seeking a consent award to file with the application an affidavit stating the
basis upon which it is contended that the proposed award provides for equal
remuneration and other conditions of employment for men and women doing work of
equal or comparable value. This material will form the evidentiary basis upon
which the Commission will in future base its consideration of the requirements
of s23 of the Act."
4. When application
is made for a consent award, the parties shall file an affidavit setting out
the basis upon which it is contended that the proposed award provides for equal
remuneration and other conditions of employment for men and women doing work of
equal or comparable value.
5. The affidavit
referred to in paragraph 4 of this Practice Note will usually form the
evidentiary basis upon which the Commission will consider the requirements of
s23 of the Industrial Relations Act 1996.
6. In the absence
of agreement between the parties, the obligation to file the affidavit referred
to in paragraph 4 of this Practice Note will be the responsibility of the
applicant.
7. The affidavit
is to be filed either with the application for the consent award or within
seven (7) days of the date on which the application for the consent award is
filed.
Boland J, President
1 February 2010
____________________
Printed by
the authority of the Industrial Registrar.