Industrial Relations Commission of New South Wales CITATION : Crown Employees (Public Sector - Salaries January 2002) Award [2002] NSWIRComm 334 APPLICANT: Public Employment Office Department of Education and Training RESPONDENTS: PARTIES : Public Service Association and Professional Officers' Association Amalgamated Union of New South Wales Labor Council of New South wales Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union, New South Wales Branch Electrical Trades Union, New South Wales Branch Australian Liquor, Hospitality and Miscellaneous Workers' Union FILE NUMBER: 6009 of 2002 CORAM: Sams DP CATCHWORDS : Application to vary award - State Wage Case Principles - Salary packaging - Consent of parties - Application approved - Award varied LEGISLATION CITED : Industrial Relations Act 1996 CASES CITED : Crown Employees (Public Sector - Salaries January 2002) Award (328 IG 515) HEARING DATES: 11/06/2002 EXTEMPORE JUDGMENT DATE : 11/06/2002 APPLICANTS: Mr D Cowell of the Public Employment Office Ms K Krynda for the Department of Education and Training RESPONDENTS: LEGAL REPRESENTATIVES: Ms R Small appeared for the Public Service Association and Professional Officers' Association Amalgamated Union of New South Wales Ms N Carl appeared for the Labor Council of New South Wales Mr I Morrison appeared for Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union, New South Wales Branch Ms N Kerr appeared for the Electrical Trades Union, New South Wales Branch Mr M Vance appeared for the Australian Liquor, Hospitality and Miscellaneous Workers' Union, New South Wales Branch JUDGMENT: - 2 - INDUSTRIAL RELATIONS COMMISSION OF NEW SOUTH WALES CORAM : SAMS, DP 2 December 2002 Matter No. IRC02/6009 CROWN EMPLOYEES (PUBLIC SECTOR - SALARIES JANUARY 2002) AWARD Application by Public Employment Office for variation re salary packaging DECISION ( ex tempore ) [2002] NSWIRComm 334 1 This is an application pursuant to s17 of the Industrial Relations Act 1996 (the "Act") by the Public Employment Office ("the applicant") for a variation of the Crown Employees (Public Sector - Salaries January 2002) Award (328 IG 515) in respect to salary packaging. 2 At a hearing of the matter on 6 November 2002, Mr D Cowell of the Public Employment Office and Ms K Krynda for the Department of Education and Training appeared for the applicant. Ms R Small appeared for the Public Service Association, Ms N Carl appeared for the Labor Council of New South Wales, Mr I Morrison appeared for Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union, New South Wales Branch, Ms N Kerr appeared for the Electrical Trades Union, New South Wales Branch and Mr M Vance appeared for the Australian Liquor, Hospitality and Miscellaneous Workers' Union New South Wales Branch. 3 Mr Cowell said that the application is the culmination of a long period of negotiations between the Public Employment Office and the Unions. Consent has now been achieved for a variation to the Award, which will allow public servants access to new arrangements for salary packaging. Mr Cowell said the proposed variation meets all the requirements of the State Wage Fixing Principles and the relevant provisions of the Act. 4 All the parties at the hearing supported the application and Mr Cowells' submissions. 5 At the conclusion of the hearing the Commission issued the following ex tempore decision: I am swamped by consent. Having heard the submissions of the parties and as this matter proceeds by consent, I am satisfied that the variation sought does not conflict with the State Wage Case Principles and has been appropriately applied for according to the requirements of the Act. 6 Accordingly, pursuant to section 17 of the Act, the Commission will vary the Crown Employees (Public Sector - Salaries January 2002) award in terms of Exhibit 1 tendered in the proceedings. The variation shall take effect from today's date and remain in force for a period of 12 months thereafter. The implementation date of the changes for practical purposes is 1 January 2003. These proceedings are concluded on that basis and I congratulate the parties on what has been a long and involved process of negotiations. Peter Sams 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.