Re Hotel &c Employees (State) Award [2001] NSWIRComm 284

Industrial Relations Commission of New South Wales

CITATION : Re Hotel &c Employees (State) Award [2001] NSWIRComm 284 FIRST APPELLANT Employers First SECOND APPELLANT Restaurant and Catering Association of New South Wales PARTIES : FIRST RESPONDENT Australian Hotels Association, NSW Branch SECOND RESPONDENT Australian Liquor, Hospitality and Miscellaneous Workers Union, Liquor and Hospitality Division, New South Wales Branch

FILE NUMBER: IRC 663, 3747 & 3750 of 1999 and 5063 & 5338 of 2001 CORAM: Wright J President; Walton J Vice-President; Sams DP; O'Neill C CATCHWORDS : Award - Section 19 Notices of award reviews - Hotel industry - Application for leave to appeal and appeals - Application for extension of time to appeal - Jurisdiction of Commission pursuant to s19 of the Act - Whether changes to an award beyond Commission's powers - General award making powers under ss10 and 17 of the Act - Conduct of parties - Consent award - Whether Commission "functus officio" - Consenting parties' failure to inform Commission of award changes sought - Obligations on parties to properly inform Commission of intentions - Changes to award not available under s19 of the Act - Commission exceeded powers pursuant to s19 of the Act - Reaffirmation of distinction between s19 and award making powers - extension of time to appeal granted - Leave to appeal granted - Appeals upheld - Award set aside - Further proceedings ordered - Delegation of powers to single member - New award made - Related awards rescinded. LEGISLATION CITED : Industrial Relations Act 1996 s10 s17 s19 Re Principles for Review of Awards - State Decision (1998) 85 IR 38 Bizuneh v Minister for Immigration & Multicultural Affairs [2000] FCA 126 Hachem v Cimojotta (unreported, NSWCA, No 40532 of 1995, 3 July 1996) Poultry Industry Preparation (State) Award and Other Awards (unreported, Wright J President, Walton J Vice President, Harrison DP and Patterson C, Matters IRC2001/2882, 2883, 2884 and 2885, 5 July 2001) CASES CITED : Metal, Engineering and Associated Industries (State) Award [2001] NSWIRComm 26 Tennis Strings and Sutures Industry (State) Award (unreported, Walton J Vice President, Matters IRC6129 and 1281 of 1999, 15 March 2001) Warehouse Employees - Drug (State) Award [2001] NSWIRComm 37 Rock & Ore Milling and Refining (State) Award and Other Awards [2001] NSWIRComm 54 Bootmakers and Heel Bar Operatives &c (State) Award [2001] NSWIRComm 114 Pastoral Industry (State) Award (2001) 104 IR 168 HEARING DATES: 08/20/2001; 08/28/2001; 08/30/2001 DATE OF JUDGMENT: 12/11/2001