Roads and Maritime Services (Traffic Signals Staff) Award 2019 (2023 Variation) [2023] NSWIRComm 1120

Industrial Relations Commission New South Wales Medium Neutral Citation: Roads and Maritime Services (Traffic Signals Staff) Award 2019 (2023 Variation) [2023] NSWIRComm 1120 Hearing dates: 30 November 2023 Date of orders: 30 November 2023, 4 December 2023 Decision date: 30 November 2023 Jurisdiction: Industrial Relations Commission Before: Commissioner McDonald Decision: 1. Pursuant to s 17 of the Industrial Relations Act 1996 (NSW), the Roads and Maritime Services (Traffic Signals Staff) Award 2019 published on 20 March 2020 (387 IG 271), as varied pursuant to variations published on 23 October 2020, 10 September 2021 and 20 March 2023, be varied in the terms set out in Schedule A to the Short Minutes of Order filed on 27 November 2023, save that the proposed new clause 6.3 is to read: "The parties to this Award acknowledge that the intention of subclause 6.2 is to facilitate discussions during the term of the Award." 2.The variations to the Award are to take effect from 1 July 2023. Note: 3. The variations will result in: (a) an increase in total remuneration under the Award of 4.0% per annum from the first full pay period on or after 1 July 2023; (b) amendments to certain conditions in the Award, including in relation to domestic and family violence leave and to facilitate continued discussions between the parties; and (c) a revised no extra claims clause which is to be operative until 30 June 2024. (4) I direct the Secretary to provide to the Registrar, by 4 December 2023, a Word version of: (a) Schedule A to the Short Minutes of Order filed on 27 November 2023, amended so that the variation to cl 6 reflects Order 1; (b) a marked-up version of the Award as varied by Order 1; (c) a clean version of the Award as varied by Order 1. Catchwords: EMPLOYMENT AND INDUSTRIAL LAW — Awards and enterprise agreements — Variation — Nominal term of Award had expired, however no proposal to amend the nominal term or to seek new award – Factual circumstances justifying variation of Award rather than making of a new award Legislation Cited: Industrial Relations Act 1996 (NSW), ss 10, 15, 16, 17, 23 Transport Administration Act 1988 (NSW), ss 68Q, 120, Sch 7 Transport Administration Amendment (RMS Dissolution) Act 2019 (NSW) Category: Principal judgment Parties: The Secretary of the Department of Transport as Head of the Transport Service (Applicant) Electrical Trades Union of Australia, New South Wales Branch (Respondent) Representation: R Hutchinson (Applicant) A Aghazarian (Respondent) File Number(s): 2023/00297741 Publication restriction: Nil