Industrial Relations Commission of New South Wales CITATION : Charitable Sector, Aged and Disability Care Services (State) Award [2002] NSWIRComm 263 APPLICANT: Health and Research Employees Association of New South Wales RESPONDENT: PARTIES : Employers First Service Industry Advisory Group Australian Business Industrial Australian Nursing Homes And Extened Care Association (New South Wales) FILE NUMBER: 4614 of 2002 CORAM: Sams DP CATCHWORDS : Application to vary award - State Wage Case Principles - Wages and allowances - Consent of parties - Application approved - Award varied LEGISLATION CITED : Industrial Relations Act 1996 HEARING DATES: 09/06/2002 EXTEMPORE JUDGMENT DATE : 09/06/2002 APPLICANT: Mr D Lipman RESPONDENT: LEGAL REPRESENTATIVES: Ms C Thorpe (Service Industry Advisory Group) Mr A Reid (Australian Business Industrial) Ms K White (Australaian Nursing Homes and Extended Care Association New South Wales) Mr R Hutchinson (Employers' First) JUDGMENT: - 2 - INDUSTRIAL RELATIONS COMMISSION OF NEW SOUTH WALES CORAM: SAMS, DP 9 October 2002 Matter No. IRC02/4614 CHARITABLE SECTOR, AGED AND DISABILITY CARE SERVICES (STATE) AWARD Application by The Health and Research Employees' Association of New South Wales for variation re State Wage Case 2002 D E C I S I O N NSWIRComm 263 1 This is an application pursuant to s17 of the Industrial Relations Act, 1996 ("the Act"), by The Health and Research Employees' Association of New South Wales ("the Union") to vary the Charitable Sector, Aged and Disability Care Services (State) Award (330 IG 1023), to give effect to the wage and allowance increases available from the State Wage Case [2002] NSWIRComm 118. 2 At a hearing of the matter on 6 September 2002, Mr D Lipman appeared for the Union. Ms C Thorpe appeared for the Service Industry Advisory Group; Mr A Reid appeared for Australian Business Industrial; Ms K White appeared for the Australian Nursing Homes and Extended Care Association (New South Wales) and Mr R Hutchinson appeared for Employers' First. 3 Mr Lipman sought approval of the Commission for a variation of the award in terms of an amended Schedule A (Ex "1"). he submitted that the variation sought reflects the State Wage Case Principles and meets all the requirements of the Act. The variation is to give effect to the safety net adjustments available through the State Wage Case of 2002. 4 The employer representatives consented to the application. 5 The application includes the relevant commitment given by the union in respect to absorption of increases. 6 Having heard the submissions and reviewing the application, the Commission is prepared to vary the Charitable Sector, Aged and Disability Care Services (State) Award in terms of the revised schedule A which I will mark as Exhibit 1 in the proceedings. 7 The variation shall commence from the first full pay period commencing on or after 3 December 2002. 8 These proceedings are concluded on that basis. The variation will be published in due course in the Industrial Gazette. 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.