Crown Employees (Harness Racing New South Wales) Conditions or Employment Award [2003] NSWIRComm 109 (21 March 2003)

Last Updated: 22 May 2003

NEW SOUTH WALES INDUSTRIAL RELATIONS COMMISSION

CITATION : Crown Employees (Harness Racing New South Wales) Conditions or Employment Award [2003] NSWIRComm 109

FILE NUMBER(S): 1284

HEARING DATE(S): 21/03/2003

DECISION DATE: 21/03/2003

PARTIES:

APPLICANT:

Public Service Association and Professional Officers' Association Amalgamated Union of New South Wales

RESPONDENT:

Harness Racing Authority of New South Wales

JUDGMENT OF: Sams DP

LEGAL REPRESENTATIVES

APPLICANT:

Mr R Pithers appeared for the Public Service Association and Professional Officers' Association Amalgamated Union of New South Wales

RESPONDENT:

Mr A Sahib appeared for the Public Employment Office on behalf of the Harness Racing Authority of New South Wales

CASES CITED: State Wage Case (2002) 114 IR 81

AWARDS:

Crown Employees (Harness Racing New South Wales) Conditions of Employment Award (324 IG 770)

LEGISLATION CITED: Industrial Relations Act 1996

Harness Racing Act 2002

JUDGMENT:

- 3 -

INDUSTRIAL RELATIONS COMMISSION OF NEW SOUTH WALES

CORAM: SAMS, DP

9 April 2003

Matter No. IRC03/1284

CROWN EMPLOYEES (HARNESS RACING NEW SOUTH WALES) CONDITIONS OF EMPLOYMENT AWARD

Application by Public Service Association and Professional Officers' Association Amalgamated Union of New South Wales for variation re title and other matters

DECISION

[2002] NSWIRComm 109

1 This is an application pursuant to s17 of the Industrial Relations Act 1996 (the "Act") by the Public Service Association and Professional Officers' Association Amalgamated Union of New South Wales ("the applicant") for a variation to the Crown Employees (Harness Racing New South Wales) Conditions of Employment Award.

2 At a hearing of the matter on 21 March 2003, Mr R Pithers appeared for the applicant and Mr A Sahib appeared for the Public Employment Office on behalf of the Harness Racing Authority ("the respondent"). Mr Pithers said that the purpose of the application was twofold; to rename the award in line with recent legislative changes to the Harness Racing Act in 2002 and to provide for a union fee deduction clause.

3 Mr Pithers submitted that the proposed award meets all the requirements of the State Wage Fixing Principles (2002) 114 IR 81 and the relevant provisions of the Act.

4 Mr Sahib supported Mr Pithers' submissions and consented to the application.

5 While the application was made for a variation to the existing award, the schedule was in fact a new replacement award. The Commission proposed to treat the application as a s10 application for a new award. The parties agreed to this course with an operative date of 10 March 2003.

6 Following the submissions of the parties, and reviewing the amended application, the Commission announced:

Pursuant to section 10 of the Act I make a new consent award to be known as the Crown Employees (Harness Racing Authority) Conditions of Employment Award. The award shall be in terms of Schedule A attached to the application and an amendment to the area, incidence and duration clause will show that in subparagraph (e) that the award shall take effect on and from 10 March 2003 and remain in force for a period of 12 months thereafter.

The Commission is further satisfied that the award is section 19 compliant, and in those circumstances would not need to be reviewed for a further period of three years.

I am satisfied that the award has industrial merit in terms of the Principles outlined in the State Wage Case of May 2002 and does not conflict with those Principles and otherwise meets all of the relevant provisions of the Act. The proceedings are concluded on that basis and the award will, in due course, be published in the Industrial Gazette.

7 The Commission proposes to rescind the Crown Employees (Harness Racing New South Wales) Conditions of Employment Award (324 IG 770). A separate order of rescission is attached.

8 These proceedings are now concluded.

Peter Sams

Deputy President

INDUSTRIAL RELATIONS COMMISSION OF NEW SOUTH WALES

CORAM: SAMS, DP

9 April 2003

Matter No. IRC03/1284

Crown Employees (Harness Racing New South Wales) Conditions of Employment Award

ORDER OF RESCISSION

Pursuant to s 17 of the Industrial Relations Act 1996, the Commission orders that the Crown Employees (Harness Racing New South Wales) Conditions of Employment Award (324 IG 770) as reviewed, be rescinded on and from 10 March 2003.

Peter Sams

Deputy President

LAST UPDATED: 15/04/2003