NSW Caselaw
Industrial Relations Commission of New South Wales
CITATION: Nestle Smithtown Enterprise Award 2004Application for variation of award [2005] NSWIRComm 352
Nestle Australian Limited PARTIES: Australasian Meat Industry Employees' Union, Newcastle and Northern Branch
FILE NUMBER(S): IRC 4510 of 2005
CORAM: Harrison DP
CATCHWORDS: Application for variation re weekly pay period for shift workers and inclusion of salary sacrifice clause for superannuation - application by consent - Award varied
LEGISLATION CITED: Industrial Relations Act 1996
HEARING DATES: 09/09/2005 EXTEMPORE JUDGMENT DATE: 09/29/2005
APPLICANT Mr J Corbett LEGAL REPRESENTATIVES:
RESPONDENT Mr T McLean
JUDGMENT:
- 1 - INDUSTRIAL RELATIONS COMMISSION OF NEW SOUTH WALES
CORAM: HARRISON DP
29 September 2005
Matter No IRC 4510 of 2005
NESTLE SMITHTOWN ENTERPRISE AWARD 2004
Application by Nestle Australia Ltd for variation re weekly pay period for shiftwork employees and another
DECISION [2005] NSWIRComm 352
1 This is an application by Nestle Australia Limited ("the Company") seeking variation of the Nestle Smithtown Enterprise Award 2004 350 IG 412 pursuant to s 17 of Industrial Relations Act 1996 ("the Act"). 2 The application was subject to hearing on 9 September 2005. Mr J Corbett appeared on behalf of the Company. Mr T McLean appeared for the Australasian Meat Industry Employees' Union, Newcastle and Northern Branch (AMIEU). 3 Mr Corbett submitted that the variation sought seeks to:
(a) change the weekly pay period for shift workers covered by the award to bring their pay period in line with other employees at the Company's Smithtown site; and
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