Industrial Relations Commission of New South Wales CITATION : Motels, Accommodation and Resorts (State) Award [2001] NSWIRComm 122 APPLICANT: Employers First PARTIES : RESPONDENTS: Australian Business Industrial Australian Liquor Hospitality and Miscellaneous Workers' Union, New South Wales Branch FILE NUMBER: IRC3745; 3751; 5207; 5517 of 1999 and IRC741 of 2001 CORAM: Walton J Vice-President; Kavanagh J; Tabbaa C CATCHWORDS : Award review - Notification of award review overtaken by a s17 application for a new award - New award rescinds and replaces the awards subject to award review process - Application for new award involved reduction in ordinary hours of work - New award consolidates and modernises the terms of the awards subject of review - New award satisfies statutory requirements for making of a new award and wage fixing principles - New award made - Award so made shall in near future be the subject of award review process LEGISLATION CITED : Industrial Relations Act 1996 HEARING DATES: 05/14/2001 EXTEMPORE JUDGMENT DATE : 05/14/2001 APPLICANT: Ms A McManus Employers First RESPONDENTS: LEGAL REPRESENTATIVES: Mr M McDonnell Australian Business Industrial Mr A Magner Australian Liquor Hospitality and Miscellaneous Workers' Union, New South Wales Branch JUDGMENT: - 3 - INDUSTRIAL RELATIONS COMMISSION OF NEW SOUTH WALES FULL BENCH CORAM: WALTON J Vice-President KAVANAGH J TABBAA C DATE: 14 May 2001 Matter No IRC741 of 2001 ACCOMMODATION (STATE) AWARD Application by Employers First for a new award Matter No IRC3745 of 1999 FLATS, RESIDENTIALS &c (STATE) WAGES ADJUSTMENT AWARD Notice of Award Review pursuant to s19 of the Industrial Relations Act 1996 Matter No IRC3751 of 1999 FLATS, RESIDENTIALS &c, REDUNDANCY AND TECHNOLOGICAL CHANGE (STATE) AWARD Notice of Award Review pursuant to s19 of the Industrial Relations Act 1996 Matter No IRC5207 of 1999 FLATS, RESIDENTIALS &c (STATE) AWARD Notice of Award Review pursuant to s19 of the Industrial Relations Act 1996 Matter No IRC5517 of 2000 MOTELS, ACCOMMODATION AND RESORTS, &c (STATE) AWARD Notice of Award Review pursuant to s19 of the Industrial Relations Act 1996 EX TEMPORE DECISION 1 The matters before the Commission concern notices of award review issued pursuant to s19 of the Act in relation to the Flats, Residentials &c., (State) Award, the Flats, Residentials &c., Redundancy and Technological Change (State) Award, the Flats, Residentials &c., (State) Wages Adjustment Award ("the Flats Awards") and the Motels, Accommodation and Resorts, &c (State) Award ("the Motels Award") and an application which, in its amended form, seeks the making of an award to be known as the Motels, Accommodation and Resorts (State) Award. 2 The grant of the application for the new award will render superfluous the award review matters. The proposed award rescinds and replaces the Flats Awards, modifies the Motels Award, and incorporates within that award the relevant provisions in the Flats Awards. 3 Whilst the application constitutes, in part, a reduction of hours, the host award, for the purposes of the consolidation of the awards here contemplated by the parties, already contains provisions for a 38 hour week. 4 The parties have filed written submissions in support of the application and the review of the awards which were supplemented by oral submissions. In accordance with Practice Direction No 6, affidavits have been filed by Employers First and Australian Business Industrial. The affidavit of Ms Annika McManus was sworn 7 May 2001 and that of Mr Dick Grozier sworn 7 May 2001. 5 We have considered submissions as to the merits of the application (including submissions on the reduction of ordinary hours) and submissions concerning the review of the Flats Awards, the Motels Award and the proposed award. Having regard to the history of these matters, we have been are prepared to proceed upon this basis, although we emphasise that the parties should not assume that proceedings arising under s19 of the Act for the review of an award will ordinarily be dealt with in conjunction with proceedings under s17. 6 We are satisfied that the application for the proposed award satisfies the statutory requirements for the making of awards and the wage fixing principles as enunciated in the State Wage Case 2000. 7 We are also satisfied that the proposed award is justified as a matter of industrial merit and, save for one matter arising under s19(3)(e) of the Act, conforms with the requirements of s 19 of the Act. The new award serves the beneficial purpose of consolidating the terms of the Flats and Motels Awards where there was overlapping coverage and also addresses the need to "modernise" and update. 8 Having regard to Practice Direction No 6 and s19(3)(e) of the Act, the Commission accepts substantial improvements will result from the making of the proposed award. It removes some discriminatory provisions from the Flats Awards where these Awards prescribed male and female classifications without explanation as to why such different rates of pay should exist. It also eliminates the different provisions for hours of work based upon the gender of employees. 9 The Commission is, however, concerned as to the effects of the translation of existing employees from the earlier discriminatory award provisions to the new award. It would be appropriate in the future review of the new award, as required under the Act, to examine the consequence for employees of the classification structure proposed, so as to ensure there are no unintended effects in the making of the new consent award, having regard to the purposes identified in paragraph 1 of Practice Direction No 6. 10 The Commission approves the award known as the Motels, Accommodation and Resorts (State) Award in terms of the application as amended by exhibits 2 and 3, and the deletion of clause 2.6.1(k). 11 The award will take effect from the beginning of the first pay period on or after 14 May 2001 and will remain in force for a period of twelve months. 12 That award will be the subject of further proceedings arising under s19 of the Act. It is anticipated that those proceedings will be dealt with shortly and will go forward before Justice Kavanagh. Arrangements as to those s19 proceedings will be dealt with by her Honour. 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