Applications for Consent Awards

Practice Note No. 6

Issued 14 July 2000, re-issued 1 February 2010

Re-issued pursuant to Section 185A of the Industrial Relations Act 1996 and Section 15 of the Civil Procedure Act 2005

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 Rem​uneration 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 Direction 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