Agricultural, Pastoral or Horticultural Society's Show (State) Award [2004] NSWIRComm 105 (1 April 2004)

Last Updated: 3 May 2004

NEW SOUTH WALES INDUSTRIAL RELATIONS COMMISSION

CITATION : Agricultural, Pastoral or Horticultural Society's Show (State) Award [2004] NSWIRComm 105

FILE NUMBER(S): 1591

HEARING DATE(S): 01/04/2004

EX TEMPORE DATE: 01/04/2004

PARTIES:

APPLICANT:

Shop, Distributive and Allied Emloyees' Association, New South Wales

RESPONDENTS:

Australian Retailers Association

RHI Stallholders' Association

JUDGMENT OF: Sams DP

LEGAL REPRESENTATIVES

APPLICANT:

Mr B Govind

RESPONDENT:

No appearance

CASES CITED: State Wage Case 2003 (2003) 121 IR 446

AWARD:

Agricultural, Pastoral or Horticultural Society's Show (State) Award 326 IG 1077

LEGISLATION CITED: Industrial Relations Act 1996

JUDGMENT:

- 2 -

INDUSTRIAL RELATIONS COMMISSION OF NEW SOUTH WALES

CORAM: SAMS, DP

22 April 2004

Matter No. IRC03/1591

AGRICULTURAL, PASTORAL OR HORTICULTURAL SOCIETY'S SHOW (STATE) AWARD

Application by the Shop, Distributive and Allied Employees' Association, New South Wales for variation re rates of pay

DECISION

[2004] NSWIRComm 105

1 This is an application pursuant to s17 of the Industrial Relations Act 1996 ('the Act'), filed by the Shop, Distributive and Allied Employees' Association, New South Wales ('the applicant') to vary the Agricultural, Pastoral or Horticultural Society's Show (State) Award 326 IG 1077 ('the Award') to give effect to the wage increases available pursuant to the State Wage Case 2003 121 IR 446 and to increase expense related allowances by movements in the CPI.

2 At a hearing of the matter on 1 April 2004, Mr B Govind appeared for the applicant and also mentioned the matter on behalf of the respondents.

3 A document was entered into evidence as Ex "1", from Mr Peter Atkinson of the RHI Stallholders' Association advising that its members had no objection to the variation sought. A document was also tendered as Ex "2" in the proceedings, from Ms Julie Owen, Australian Retailers' Association consenting to the proposed variation.

4 Mr Govind sought approval of the Commission for a variation of the award in terms of schedule A of the application.

5 Having heard the submissions of Mr Govind and in view of the consent of the ARA and RHI and upon reviewing the application, I am satisfied that the proposed award variation complies with the requirements of the Act and the principles contained in the State Wage Case 2003.

6 Accordingly, pursuant to section 17 of the Act, the Agricultural, Pastoral or Horticultural Society's Show (State) Award is varied in terms of Schedule A to the application. The variation shall take effect from 1 April 2004 and remain in force for a period of twelve months.

7 These proceedings are formally concluded.

Peter J. Sams AM

Deputy President

LAST UPDATED: 28/04/2004