Re Motels, Accommodation and Resorts, &c. (State) Award [2021] NSWIRComm 1056

Industrial Relations Commission New South Wales Medium Neutral Citation: Re Motels, Accommodation and Resorts, &c. (State) Award [2021] NSWIRComm 1056 Hearing dates: Determined in chambers Date of orders: 22 July 2021 Decision date: 22 July 2021 Jurisdiction: Industrial Relations Commission Before: Commissioner Sloan Decision: The Motels, Accommodation and Resorts, &c. (State) Award is rescinded pursuant to s 20(2) of the Industrial Relations Act 1996 Catchwords: EMPLOYMENT AND INDUSTRIAL LAW – Awards – Review of awards – rescission of obsolete award Legislation Cited: Industrial Relations Act 1996 ss 19, 20 Cases Cited: Nil Texts Cited: Nil Category: Principal judgment Parties: United Voice (Interested Party) Representation: M Bolton (United Voice) File Number(s): 2021/126604 Publication restriction: No

decision 1. On 14 May 2021 the Industrial Registrar issued a Notice of Award Review ("Notice"), giving notice of the Commission's intention to review the Motels, Accommodation and Resorts, &c. (State) Award ("Award") pursuant to s 19 of the Industrial Relations Act 1996 ("Act"). The Notice was sent to each of the following organisations, who had been identified by the Industrial Registrar, from records kept by the Industrial Registry, as having an industrial interest in the Award: 1. Australian Federation of Employers and Industries ("AFEI"); 2. NSW Business Chamber Limited ("Chamber"); 3. The Australian Industry Group New South Wales Branch ("Ai Group"); 4. Unions NSW; and 5. United Voice, New South Wales Branch ("United Voice"). 1. On 30 June 2021 a Notice of Appearance was filed in the Industrial Registry on behalf of United Voice. No other Notice of Appearance was received. 2. On the same day, an email was sent to the Industrial Registry by Mr Mick Vance, an Industrial Officer with the United Workers Union ("UWU"). The signature block to the email stated that the UWU "incorporated" United Voice. The email appears to have been copied to the AFEI, the Chamber and Ai Group. In his email Mr Vance stated: "United Voice gives notice that it will seek to have this award declared obsolete and be rescinded pursuant to s. 20 of the Act at the callover at 9.30am on 7 July 2021. We have advised the parties of that via the attached email on 21 June 2021 and have had no response." 1. The email of 21 June 2021 to which Mr Vance referred was sent to addresses which appear to be those at the AFEI, the Chamber and Ai Group. The subject of the email was "FW: IRC No. 2021/126604 Motels, Accommodation and Resorts, &c. (State) Award – Review of Award". The email stated in part: "This award is obsolete. It is the intention of the union to ask the Commission to rescind the award pursuant to s. 20(2) of the Act. You should advise me if you believe that anyone is covered by it, or is likely to be covered by it in future, by 28 June 2021." (Emphasis in original) 1. The matter was listed for callover on 7 July 2021. Only United Voice appeared at the callover. I adjourned the proceedings on the basis that the Commission would seek to confirm whether there was any opposition to the Award being rescinded. 2. On 8 July 2021 I procured the Industrial Registrar to send a communication to the AFEI, the Chamber, Ai Group, Unions NSW and United Voice in these terms: "On 14 May 2021 I issued a Notice of Award Review, giving notice that the Motels, Accommodation and Resorts, &c. (State) Award was to be reviewed by the Commission pursuant to s 19 of the Industrial Relations Act 1996. On 25 May 2021 I informed the parties that the matter was listed for callover on 7 July 2021. At the callover, only United Voice appeared. That union submitted that the award should be declared obsolete and rescinded. It provided the Commission with a copy of an email sent by Mick Vance of the United Workers Union to the Australian Federation of Employers and Industries, NSW Business Chamber Limited, The Australian Industry Group New South Wales Branch and Unions NSW on 21 June 2021 informing them of the union's intention to ask the Commission to rescind the award. The Commission was informed that the union had received no response to that email. Commissioner Sloan is giving consideration to the position put by United Voice that the award is obsolete. In the absence of any submission to the contrary, he will rescind the award pursuant to s 20(2) of the Industrial Relations Act. If you oppose the award being rescinded you are required to inform the Commission of your objection, and the basis for it, by 4.00pm on Friday, 16 July 2021. In the absence of a response the Commissioner will presume there is no opposition and will proceed accordingly." 1. I am informed that the Industrial Registrar has received no response to that communication. 2. In the circumstances, I accept the position put by United Voice that the Award is obsolete. It is appropriate that an order be made rescinding the Award.