Result

defendant. The application to vary the Banking Industry (Charge Card Service Limited Employees) Award 1975 to include a provision for paid maternity leave was refused.

Key principles

• The Commission, in determining whether to vary an award to include a provision for paid maternity leave, must balance the competing considerations of the needs of working women...
• The Commission must have regard to the economic circumstances of the particular industry when assessing the capacity to pay for paid maternity leave provisions.
• The Commission should consider the extent of the benefit sought and its proportionality to the industry's capacity to bear the cost.
• The Commission may refuse to grant paid maternity leave where the evidence demonstrates that the industry lacks the capacity to pay, notwithstanding the social desirability of...

Issues before the court

• Whether the Commission should vary the Banking Industry (Charge Card Service Limited Employees) Award 1975 to include a provision for paid maternity...
• What factors should the Commission consider when assessing an application for paid maternity leave?