News Flash AUSTRALIAN WORKPLACE RELATIONS ACT
Members will be aware that the PSA and Novita have been in disagreement as to the application of the Federal Government’s Australian Workplace Relations Act.
Novita were informed by independent legal advice that the Australian Workplace Relations Act applied to Novita from inception in March 2006. The PSA was not in agreement with the application of Australian Workplace Relations Act to Novita and thus lodged an application for an Award in the South Australian Industrial Relations Commission following unsuccessful negotiations for a Collective Agreement in late 2006. Novita subsequently notified the South Australian Industrial Commission and the PSA that it would lodge an application before the Federal Court to seek a clear and unambiguous legal decision as to the application or not of the Federal Industrial jurisdiction to Novita. It has become clear that the Australian Workplace Relations Act does apply to Novita and the PSA has decided that there is nothing to be gained by either party or Novita staff in challenging this Federal Court application. Accordingly, an agreement has been reached whereby the PSA will accept that Novita is covered by the Australian Workplace Relations Act and Novita will withdraw its application before the Federal Court. The PSA thus recommends the following to members: 1 The PSA discontinue its application for an Award in the State Industrial Relations Commission with each party paying their own legal costs relating to this matter to date. 2 Novita discontinues its Federal Court application with each party paying their own legal costs relating to this matter to date. 3 The PSA, Novita and Novita staff recommence negotiations with a view to achieving an agreement that will be registered under the Workplace Relations Act. Preliminary discussions on the above recommendations have commenced with Novita management representatives. If you have any queries or comments, please contact Industrial Officer, Dolly Costello on 8205 3244 or via email on dlc@cpsu.asn.au PSA WORKING FOR YOU
22 May 2007 |
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