Industrial Relations Commission of New South Wales CITATION: Clerical and Administrative Employees (John Fairfax Publications) Award 2000 [2004] NSWIRComm 1119 APPLICANT PARTIES: New South Wales Local Government, Clerical, Administrative, Energy, Airlines & Utilities Union (USU) RESPONDENT John Fairfax Holdings Limited FILE NUMBER: IRC 6079 of 2004 CORAM: Cambridge C CATCHWORDS: Award variation - State Wage Case 2004 - variation made by consent LEGISLATION CITED: Industrial Relations Act 1996 [NSW] HEARING DATES: 11/04/2004 EXTEMPORE JUDGMENT DATE: 11/04/2004 APPLICANT Mr B Kruse REPRESENTATIVES: RESPONDENT Mr R Lesiw DECISION: INDUSTRIAL RELATIONS COMMISSION OF NEW SOUTH WALES COMMISSIONER CAMBRIDGE 9 December 2004 Matter No IRC 6079 of 2004 Clerical and Administrative Employees (John Fairfax Publications) Award 2000. Application by New South Wales Local Government, Clerical, Administrative, Energy, Airlines & Utilities Union for variation re State Wage Case 2004. DECISION [2004] NSWIRComm 1119 1 This Decision is issued further to the Extempore Determination made in this matter during proceedings held on 4 November 2004. 2 On 14 October 2004, the New South Wales Local Government, Clerical, Administrative, Energy, Airlines & Utilities Union (USU), made application to vary the Clerical and Administrative Employees (John Fairfax Publications) Award 2000, (the Award). 3 The application for variation to the Award was made pursuant to section 17 of the Industrial Relations Act 1996 [NSW], (the Act). 4 The application sought variation to the Award to provide for wage rate allowance increases in accordance with the State Wage Case 2004. 5 The matter was listed for Mention on 4 November 2004, at which time the following appearances were recorded: Mr B Kruse for the USU; and Mr R Lesiw for John Fairfax Holdings Limited. 6 Mr Kruse advised the Commission that the application for variation to the Award was to be advanced by consent. There being no objection, the Commission proceeded to Hear and Determine the application. 7 Mr Kruse referred to an amended Schedule A to the application which was tendered, admitted without objection and marked as Exhibit 1. Mr Kruse submitted that the proposed variations to the Award as detailed in Exhibit 1 complied with the Principles for Wage Fixation as established in the State Wage Case Decision of 2004. Mr Kruse acknowledged the relevant undertakings from the USU in respect to absorption of wage increases. Mr Kruse urged the Commission to grant the application and vary the Award in accordance with Exhibit 1. 8 Mr Lesiw advised the commission that John Fairfax Holdings Limited consented to the application to vary the Award as particularised in Exhibit 1. Mr Lesiw said that he was satisfied that the variations contained in Exhibit 1 were consistent with the Stage Wage Case Decision of 2004. 9 The Commission provided an Extempore Determination varying the Award by consent and in the terms sought by the USU as particularised in Exhibit 1. 10 The Commission hereby confirms the Extempore Determination made in this matter on 4 November 2004, and the Award is accordingly varied in terms of Exhibit 1. The variation to the Award is to take effect from the first full pay period to commence on or after 5 November 2004. 11 Accordingly proceedings in this matter are now concluded. By the Commission: I W CAMBRIDGE COMMISSIONER 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.