Industrial Relations Commission New South Wales Medium Neutral Citation: Crown Employees (Botanic Gardens and Centennial Parklands Building and Mechanical Services Employees) Award 2016 [2021] NSWIRComm 1083 Hearing dates: Determined in Chambers Date of orders: 27 October 2021 Decision date: 27 October 2021 Jurisdiction: Industrial Relations Commission Before: Commissioner Sloan Decision: The Crown Employees (Botanic Gardens and Centennial Parklands Building and Mechanical Services Employees) Award 2016 is rescinded pursuant to s 20(2) of the Industrial Relations Act 1996 Catchwords: EMPLOYMENT AND INDUSTRIAL LAW – Awards – Review of awards – rescission of obsolete award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: Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union, New South Wales Branch Construction, Forestry, Mining and Energy Union (New South Wales Branch) Electrical Trades Union of Australia, New South Wales Branch Industrial Relations Secretary The New South Wales Plumbers and Gasfitters Employees' Union Representation: K Presdee/J Rabaud (AMWU) D Syron (CFMMEU) D Austin (ETU) I Faulks (Industrial Relations Secretary) File Number(s): 2021/141256 Publication restriction: No decision 1. On 7 July 2021 the Industrial Registrar issued a Notice of Award Review ("Notice"), giving notice of the Commission's intention to review the Crown Employees (Botanic Gardens and Centennial Parklands Building and Mechanical Services Employees) Award 2016 ("Award") pursuant to s 19 of the Industrial Relations Act 1996 ("Act"). The Notice was sent to each of the following organisations, which had been identified by the Industrial Registrar, from records kept by the Industrial Registry, as having an interest in the Award: 1. Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union, New South Wales Branch ("AMWU"); 2. Construction, Forestry, Mining and Energy Union (New South Wales Branch) ("CFMEU"); 3. the Industrial Relations Secretary in respect of the Department of Planning, Industry and Environment ("Secretary"); and 4. The New South Wales Plumbers and Gasfitters Employees' Union ("Plumbers Union"). 1. The matter was first listed for mention on 13 August 2021. The only appearance was by Mr I Faulks on behalf of the Secretary. He informed the Commission that he had sent an email to the union parties but had not yet received a response. The matter was stood over until 17 September 2021. 2. On 17 September 2021 Mr Faulks again appeared for the Secretary and Ms K Presdee appeared for the AMWU. The parties informed the Commission that enquiries were being made to ascertain whether there were any employees covered by the Award. The matter was stood over for further mention to 19 October 2021 3. On 12 October 2021 the Commission was copied into an email sent by Mr Faulks to each of the Plumbers Union, the CFMEU, the AMWU and the Electrical Trades Union of Australia, New South Wales Branch ("ETU"). That email included the following: "Could you please advise at your earliest convenience the position of your union regarding DPIE's proposal that given the Department has had no employees employed under this Award for at least the last 5 years, and there is no intention to employee [sic] any employees under this Award, that this Award be rescinded." 1. At the mention on 19 October 2021 Mr Faulks appeared for the Secretary, Mr J Rabaud appeared for the AMWU, Mr D Syron appeared for the CFMEU and Mr D Austin appeared for the EWTU. There was no appearance by the Plumbers Union. Mr Faulks informed the Commission that he had received no response to his email of 12 October 2021. Each of the AMWU, the CFMEU and the ETU informed the Commission that they have no members covered by the Award. No party raised any opposition to the Commission rescinding the Award, subject to confirmation being obtained from the Plumbers Union that it also has no members covered by the Award 2. On 22 October 2021 I arranged for the Acting Industrial Registrar to send an email to Theo Samartzopolous, the NSW State Secretary of the Plumbers Union, with a copy sent to the other parties. The email recited the history of the proceedings and concluded as follows: "Commissioner Sloan requests that you inform the Commission by 4.00pm on 29 October 2021 whether your union has members employed under the Award and, if not, whether the union has any objection to the Commissioner rescinding the Award pursuant to s 20(2) of the Act on the basis that it is obsolete. If there is no opposition to the rescission of the Award, Commissioner Sloan will make the necessary order in Chambers." 1. At 7.58am on 25 October 2021 an email was received by the Registry from Con Tsiakoulas of the Plumbers Union. In that email Mr Tsiakoulas stated: "We can confirm we have no members working there and agree to rescind the Award." 1. I am satisfied that the Award is obsolete. It is appropriate that an order be made that it be rescinded pursuant to 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. Order 1. The Crown Employees (Botanic Gardens and Centennial Parklands Building and Mechanical Services Employees) Award 2016 is rescinded pursuant to s 20(2) of the Industrial Relations Act 1996. Damian Sloan Commissioner ********** Amendments 27 October 2021 - Amendment made to coversheet. DISCLAIMER - Every effort has been made to comply with suppression orders or statutory provisions prohibiting publication that may apply to this judgment or decision. The onus remains on any person using material in the judgment or decision to ensure that the intended use of that material does not breach any such order or provision. Further enquiries may be directed to the Registry of the Court or Tribunal in which it was generated. Decision last updated: 27 October 2021