Sydney Cricket & Sports Ground Trust (Maintenance Staff) Enterprise Award 2000 [2001] NSWIRComm 102 (15 May 2001)

Last Updated: 12 June 2001

NEW SOUTH WALES INDUSTRIAL RELATIONS COMMISSION

CITATION : Sydney Cricket & Sports Ground Trust (Maintenance Staff) Enterprise Award 2000 [2001] NSWIRComm 102

FILE NUMBER(S): IRC 6248

HEARING DATE(S): 29/01/2001

DECISION DATE: 15/05/2001

PARTIES:

APPLICANT:

Employers First

RESPONDENTS:

Plumbers and Gasfitters Employees' Union of Australia, New South Wales Branch

Construction Forestry Mining and Energy Union, New South Wales Branch

Electrical Trades Union of Australia, New South Wales Branch

JUDGMENT OF: Walton J Vice-President

LEGAL REPRESENTATIVES

APPLICANT:

Ms Marshall

Employers First

RESPONDENTS:

Mr Stone

Plumbers and Gasfitters Employees' Union of Australia, New South Wales Branch

Ms Mallia

Construction Forestry Mining and Energy Union, New South Wales Branch

Ms Misfud

Electrical Trades Union of Australia, New South Wales Branch

CASES CITED:

LEGISLATION CITED: Industrial Relations Act 1996

JUDGMENT:

- 4 -

INDUSTRIAL RELATIONS COMMISSION OF NEW SOUTH WALES

CORAM: WALTON J, Vice-President

15 May 2001

MATTER NO. IRC6248 OF 2000

SYDNEY CRICKET & SPORTS GROUND TRUST (MAINTENANCE STAFF) ENTERPRISE AWARD 2000

Application By Employers First For A New Award

DECISION

[2001] NSWIRComm 102

1 This decision relates to an application under s10 of the Industrial Relations Act 1996 ("the Act") by Employers First for an new enterprise award entitled the Sydney Cricket and Sports Ground Trust (Maintenance Staff) Enterprise Award 2000 ("the proposed award").

2 The parties to the proposed award are the Sydney Cricket and Sports Ground Trust ("the Trust"), the New South Wales Plumbers and Gasfitters Employees' Union ("the PGEU"), the Construction, Forestry, Mining and Energy Union, New South Wales Branch ("the CFMEU") and the Electrical Trades Union of Australia, New South Wales Branch ("the ETU").

3 The matter was listed before the Commission for a directions hearing on 29 January 2001, at which time an application to convert the proceedings to a substantive hearing of the matter was granted (by consent of all parties). At the time of the hearing of the matter, the applicant had not filed the affidavit required by Practice Direction No. 6, relating to the requirements of s23 of the Act. Thus, after hearing submissions from the parties as to the proposed award, directions were given as to the filing of an affidavit in accordance with the practice direction. The parties undertook to file that affidavit in short course. The Commission adjourned to permit the filing of that affidavit. Upon receipt of that material the Commission reserved its decision.

4 An affidavit of Mr Michael Bangel, the General Manager of the Trust, was filed pursuant to the Practice Direction. I do not propose to summarise the content of the affidavit. It should be noted, however, that it is extensive and relates to historical aspects of the regulation of conditions of employment for maintenance staff employed by the Trust. Having received the affidavit, I consider it now appropriate to give consideration to the making of the proposed award.

5 The proposed award sought to rescind and replace the existing enterprise award, the Sydney Cricket and Sports Ground Trust (Maintenance Staff) Award 1997 (305 NSW IG 19), that similarly provided for the partial regulation of employment conditions of employees engaged in the maintenance operations of the Trust.

6 It was submitted by Ms Marshall, on behalf of the Trust, that the proposed award, as was the case with the previous enterprise awards, was to be read in conjunction with the following parent awards:

a) Plumbers and Gasfitters (State) Award;

b) Electricians, & c. (State) Award;

c) General Construction and Maintenance, Civil and Mechanical Engineering, &c. (State) Award ("the Awards").

7 It was also submitted that where there was an inconsistency between the provisions of the proposed award and the Awards, the proposed award was to prevail to the extent of the inconsistency.

8 Ms Marshall submitted that the proposed award made two changes to the current enterprise award. Those changes are twofold. Firstly, the applicant proposes the insertion of a new clause relating to sick leave. Secondly, the applicant seeks an increase in rates of pay, such increases to be phased in over the two year operation of the award. It was submitted that, at the time of the hearing of the matter, two of the incremental increases had already been paid with a third increase to be effective later in 2001.

9 It was submitted that the proposed award met the requirements of the Act and the principles associated with the making of awards established by the Commission, noting, in particular, principle 11 relating to enterprise arrangements. The proposed award related to a distinct section of the Trust's operations. It was the intention of the parties that there would be no further adjustments to the conditions of employment for the employees covered by the award during the period of operation of the award. It was further submitted that the current enterprise award had recently been the subject of an award review process pursuant to s19 of the Act; that review having been completed on 10 December 1999 by Commissioner Bishop.

10 Ms Marshall's submissions were supported by Mr Stone who appeared for the PEGU, Ms Mallia who appeared for the CFMEU and Ms Misfud who appeared for the ETU.

11 Having heard the submissions of the parties and having reviewed the affidavit filed in accordance with Practice Direction No. 6, I am satisfied that the application in its amended form satisfies the requirements of the Act and the principles associated with the making of a new award. I consider that the application is one of industrial merit and is appropriate to be made by the Commission.

12 I therefore make the Sydney Cricket and Sports Ground Trust (Maintenance Staff) Enterprise Award 2000, in terms of exhibit 1 in these proceedings, to be operative on and from the first full pay period to commence on or after 7 May 2001 and to remain in force until 9 April 2002. I further order that the Sydney Cricket and Sports Ground Trust (Maintenance Staff) Award 1997 be rescinded.

LAST UPDATED: 15/05/2001