Sydney Cricket and Sports Ground Trust (Maintenance Staff) Enterprise Award 2018 [2021] NSWIRComm 1075

Industrial Relations Commission New South Wales Medium Neutral Citation: Sydney Cricket and Sports Ground Trust (Maintenance Staff) Enterprise Award 2018 [2021] NSWIRComm 1075 Hearing dates: Determined in Chambers Date of orders: 23 September 2021 Decision date: 23 September 2021 Jurisdiction: Industrial Relations Commission Before: Commissioner Sloan Decision: The Sydney Cricket and Sports Ground Trust (Maintenance Staff) Enterprise Award 2018 is rescinded pursuant to s 20(2) of the Industrial Relations Act 1996.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: Australian Federation of Employers and Industries Construction, Forestry, Maritime, Mining and Energy Union (New South Wales Branch) Electrical Trades Union of Australia, New South Wales Branch Sydney Cricket and Sports Ground Trust The New South Wales Plumbers and Gasfitters Employees' Union Representation: J McGrath (AFEI) D Syron (CFMMEU) D Austin (ETU) File Number(s): 2021/101355 Publication restriction: No

decision 1. On 13 April 2021 the Industrial Registrar issued a Notice of Award Review ("Notice"), giving notice of the Commission's intention to review the Sydney Cricket and Sports Ground Trust (Maintenance Staff) Enterprise Award 2018 ("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. Construction, Forestry, Maritime, Mining and Energy Union (New South Wales Branch) ("CFMMEU"); 3. Electrical Trades Union of Australia, New South Wales Branch ("ETU"); 4. Sydney Cricket and Sports Ground Trust ("Trust"); 5. The New South Wales Plumbers and Gasfitters Employees' Union ("PGEU"). 1. The matter was listed for callover on 28 June 2021. Mr J McGrath appeared on behalf of the AFEI and Mr D Syron appeared for the CFMMEU. Mr McGrath informed me that the AFEI understood that no employees had been covered by the Award since June 2019. The matter was stood over to allow Mr Syron to obtain instructions on the continued application of the Award, if any. 2. The matter was listed for further callover on 11 August 2021, at which Mr McGrath and Mr Syron appeared, as did Mr D Austin of the ETU. Mr McGrath informed me that on 15 July 2021 he had written to the union parties informing them of the Trust's position that the Award had become redundant. Mr Austin informed me that the ETU continued to make enquiries to confirm that the Award no longer had any application. Mr Syron stated that the CFMMEU would defer confirming its position pending the other union parties confirming their respective positions. 3. On 17 September 2021 the Registry received an email from Mr McGrath attaching consent orders which had been signed, in counterpart, by each of the CFMMEU, the ETU, the PGEU and the Trust. The consent orders sought the making of the following order: "Pursuant to s. 17 of the Industrial Relations Act 1996, the Sydney Cricket and Sports Ground Trust (Maintenance Staff) Enterprise Award 2018 published 2 November 2018 (383 I.G. 571) be rescinded on and from the date these orders are made." (Sic) 1. I am satisfied that the Award is obsolete. It is appropriate that an order be made that it be rescinded. However, contrary to the proposed order reproduced above, in my view the order should properly be made under s 20(2) of the Act, which provides: Consolidation of awards and rescission of obsolete awards … (2) The Commission may rescind an obsolete award or an obsolete part of an award, whether or not in connection with the consolidation of awards.