Club Employees (State) Award [2004] NSWIRComm 33 (11 February 2004)

Last Updated: 11 March 2004

NEW SOUTH WALES INDUSTRIAL RELATIONS COMMISSION

CITATION : Club Employees (State) Award [2004] NSWIRComm 33

FILE NUMBER(S): 425

HEARING DATE(S): 11/02/2004

DECISION DATE: 11/02/2004

PARTIES:

APPLICANT:

Australian Liquor, Hospitality and Miscellaneous Workers Union, New South Wales Branch

RESPONDENT:

Registered Clubs Association of New South Wales

JUDGMENT OF: Sams DP

LEGAL REPRESENTATIVES

APPLICANT:

Mr J Barry, Australian Liquor, Hospitality and Miscellaneous Workers' Union, New South Wales Branch

RESPONDENT:

Mr C Indrele, Registered Clubs Association

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

AWARDS:

Club Employees (State) Award 319 IG 589

LEGISLATION CITED: Industrial Relations Act 1996

JUDGMENT:

- 1 -

INDUSTRIAL RELATIONS COMMISSION OF NEW SOUTH WALES

CORAM: SAMS, DP

1 March 2004

Matter No. IRC04/425

CLUB EMPLOYEES (STATE) AWARD

Application by the Australian Liquor, Hospitality and Miscellaneous Workers' Union, New South Wales Branch for variation re rates and allowances

DECISION (ex tempore)

[2003] NSWIRComm 33

1 This is an application pursuant to s17 of the Industrial Relations Act 1996 (the 'Act'), by the Australian Liquor Hospitality and Miscellaneous Workers' Union, New South Wales Branch (the 'Union') to vary the Club Employees (State) Award (319 IG 589) to give effect to the consent of the parties to vary certain rates and allowances in accordance with movements in the Consumer Price Index (CPI).

2 At a hearing of the matter on 11 February 2004, Mr J Barry appeared for the Union and Mr C Indrele appeared for the Registered Clubs Association.

3 Mr Barry sought approval of the Commission for a variation of the award in terms of an amended Schedule A to the application (Ex "1"). The respondent consented to the variation, save for the operative date.

4 Having heard the submissions of the parties and 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) 121 IR 446.

5 Mr Indrele submitted that for administrative reasons, the variation should take effect from the first full pay period commencing on or after today. Mr Barry argued that the variation should take effect from today. The Commission rejected Mr Indrele's submission on the basis that the administrative difficulties would be negligible as the industry is aware that these adjustments apply from time to time and the present application had been filed on 2 February 2004.

6 Accordingly, pursuant to section 17 of the Act, the Club Employees (State) Award is varied in terms of Exhibit "1". The variation shall take effect from 11 February 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: 04/03/2004