Broken Hill Commerce and Industry Consent Award 2001 [2003] NSWIRComm 259 (24 July 2003)

Last Updated: 8 September 2003

NEW SOUTH WALES INDUSTRIAL RELATIONS COMMISSION

CITATION : Broken Hill Commerce and Industry Consent Award 2001 [2003] NSWIRComm 259

FILE NUMBER(S): 3434

HEARING DATE(S): 24/07/2003

EX TEMPORE DATE: 24/07/2003

PARTIES:

APPLICANT:

Broken Hill Town Employees Union

RESPONDENT:

Broken Hill Chamber of Commerce Inc.

JUDGMENT OF: Sams DP

LEGAL REPRESENTATIVES

APPLICANT:

Mrs R Greenwood for the Broken Hill Town Employees Union

RESPONDENT:

Mrs S Hocking for the Broken Hill Chamber of Commerce Inc

CASES CITED: State Wage Case 2003 [2003] NSWIRComm 174

LEGISLATION CITED: Industrial Relations Act 1996

JUDGMENT:

- 1 -

INDUSTRIAL RELATIONS COMMISSION OF NEW SOUTH WALES

CORAM: SAMS, DP

6 September 2003

Matter No. IRC03/3434

BROKEN HILL COMMERCE AND INDUSTRY CONSENT AWARD 2001

Application by the Barrier Industrial Council for variation re State Wage Case 2003

DECISION

[2003] NSWIRComm 259

1 This is an application, pursuant to s17 of the Industrial Relations Act 1996 (the 'Act'), by the Broken Hill Town Employees Union ('the applicant') for a variation to the Broken Hill Commerce and Industry Consent Award 2001 336 IG 885.

2 At a hearing of the matter on 24 July 2003, Mrs R Greenwood appeared for the applicant Union and Mrs S Hocking appeared for the Broken Hill Chamber of Commerce. Mrs Greenwood said that the purpose of the application was to increase all rates and allowances in the Award in accordance with the State Wage Case 2003 [2003] NSWIRComm 174.

3 During submissions, the Commission was informed that there was a disagreement about the calculation of the wage rates in the National Training Wage Section of the Award. The Commission directed the parties to immediately confer about the disagreement and stood the matter down the list. Upon resumption later that day, Mrs Greenwood tendered an agreed schedule of rates for the National Training Wage Section (Ex"1").

4 Following further submissions of the parties, and reviewing the amended application, the Commission issued the following ex tempore decision:

Having heard the submissions of the parties, the Commission will vary the Broken Hill Commerce and Industry Consent Award 2001 in terms of the amended agreed schedule to the application. (Ex "1")

The effective dates of operation of the increases are reflected in the application. In all respects the Commission is satisfied that the application meets the requirements of the Industrial Relations Act and otherwise is consistent with the State Wage Case Principles.

The variation will be published in due course in the Industrial Gazette.

5 These proceedings are now concluded.

Peter Sams

Deputy President

LAST UPDATED: 08/09/2003