Industrial Relations Commission of New South Wales CITATION : Clerical and Administrative Employees (State) Award [2004] NSWIRComm 92 APPLICANT: Employers First RESPONDENTS: Australian Business Industrial Australian Industry Group PARTIES : Catholic Commission for Employment Relations NSW Local Government, Clerical, Administrative, Energy, Airlines and Utilities Union NSW Road Transport Association Australian Medical Association (NSW Branch) Restaurant and Catering Association of NSW Australian Retailers Association (NSW) Motor Traders' Association of NSW FILE NUMBER: 5409 of 2003 CORAM: Sams DP Application to vary award - clerical industry - non profit charitable organisations - salary packaging - consent of the parties - uncontested evidence - State Wage Case. CATCHWORDS : Held, application meets requirements of the Act and State Wage Fixing Principles - application has industrial merit - consent of the parties - application approved - Award varied. LEGISLATION CITED : Industrial Relations Act 1996 State Wage Case 2003 (2003) 121 IR 446 CASES CITED : AWARDS: Clerical and Administrative Employees (State) Award 296 IG 619 HEARING DATES: 03/11/2004 EXTEMPORE JUDGMENT DATE : 03/11/2004 APPLICANT: Ms T Marshall, Employers First RESPONDENT: Ms F Hancock, NSW Local Government, Clerical, Admnistrative, Energy, Airlines and Utilities Union LEGAL REPRESENTATIVES: Mr J Corlett, Australian Business Industrial Mr M Mead, Australian Industry Group Mr C O'Young, Australian Medical Association (NSW Branch) Mr P Davis, Catholic Commission for Employment Relations Ms D Arrebola, Motor Traders Association of NSW JUDGMENT: - 1 - INDUSTRIAL RELATIONS COMMISSION OF NEW SOUTH WALES CORAM: SAMS, DP 21 April 2004 Matter No. IRC03/5409 CLERICAL AND ADMINISTRATIVE EMPLOYEES (STATE) AWARD Application by the Employers First for variation re salary packaging DECISION [2004] NSWIRComm 92 1 This is an application pursuant to s17 of the Industrial Relations Act 1996 ('the Act'), filed by Employers First ('the applicant') to vary the Clerical and Administrative Employees (State) Award ('the Award') to give effect to the consent of the parties to insert a new clause into the award concerning salary packaging. 2 At a hearing of the matter on 11 March 2003, Ms T Marshall appeared for the applicant, Mr J Corlett appeared for Australian Business Industrial, Mr M Mead appeared for the Australian Industry Group, Mr P Davis appeared for the Catholic Commission for Employment Relations, Ms F Hancock appeared for the New South Wales Local Government, Clerical, Administrative, Energy, Airline and Utilities Union, Ms D Arrebola appeared for the Motor Traders' Association of NSW and Mr C O'Young appeared for the Australian Medical Association (NSW Branch) ('the respondents'). A number of other employer organisations had appeared in earlier proceedings on 10 October, 9 December 2003 and 12 February 2004. 3 Ms Marshall sought approval of the Commission for a variation of the award in terms of an amended Schedule A to the application (Ex "1"). She submitted that the variation provides for salary packaging for employees which has become a common feature of employment in the charitable, non-profit sector. This was demonstrated by affidavits filed by: Mr Roger Lipscomb - ANGLICARE Mr Graham Harris - Wesley Mission Mr Martin Gardiner - Wesley Mission 4 The three affidavits were admitted into evidence without objection. Ms Marshall put that as these organisations enjoy FBT exemption, it allows them to offer salary packaging arrangements to their employees. A number of the clerical employees employed by ANGLICARE and the Wesley Mission have sought to have salary packaging arrangements and many more are expected to do so. 5 All parties, including the Union supported the proposed variation. Having heard the submissions of the parties and reviewing the application, I am satisfied that the proposed award variation complies with the requirements of the Act and the principles contained in the State Wage Case 2003 (2003) 121 IR 446 and has substantial industrial merit. 6 Accordingly, pursuant to section 17 of the Act, the Clerical and Administrative Employees (State) Award is varied in terms of Exhibit "1". The variation shall take effect from the date of this decision, being 11 March 2004, and remain in force for a period of twelve months. 7 These proceedings are formally concluded. Peter J. Sams AM Deputy President 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.