Industrial Relations Commission of New South Wales CITATION : Broken Hill Commerce and Industry Agreement Consent Award 2001 [2004] NSWIRComm 229 APPLICANTS: Barrier Industrial Council Construction, Forestry, Mining and Energy Union PARTIES : Shop, Distributive and Allied Employees' Union Broken Hill Town Employees Union RESPONDENT: Broken Hill Chamber of Commerce FILE NUMBER: 4373 of 2004 CORAM: Sams DP CATCHWORDS : Application to vary award - monetary rates and allowances - CPI adjustments - consent of parties - consideration of operative dates - State Wage Case Principles - application granted. LEGISLATION CITED : Industrial Relations Act 1996 CASES CITED : State Wage Case 2004 [2004] NSWIRComm 148 HEARING DATES: 08/10/2004 EXTEMPORE JUDGMENT DATE : 08/10/2004 APPLICANT: Mr B Campbell, Barrier Industrial Council Mr E Butcher, Construction, Forestry, Mining and Energy Union LEGAL REPRESENTATIVES: Ms R Ferry, Shop, Distributive and Allied Employees' Union and the Broken Hill Town Employees' Union RESPONDENT: Mrs S Hocking, Broken Hill Chamber of Commerce JUDGMENT: - 2 - INDUSTRIAL RELATIONS COMMISSION OF NEW SOUTH WALES CORAM: SAMS, DP 18 August 2004 Matter No. IRC04/4373 BROKEN HILL COMMERCE AND INDUSTRY AGREEMENT CONSENT AWARD 2001 Application by the Barrier Industrial Council for variation re State Wage Case 2004 DECISION ( Ex Tempore ) [2004] NSWIRComm 229 1 This is an application pursuant to s17 of the Industrial Relations Act 1996 ('the Act'), filed by the Barrier Industrial Council on behalf of its affiliated Unions to vary the Broken Hill Commerce and Industry Agreement Consent Award 2001 336 IG 885 ('the Award') to give effect to the wage increases available pursuant to the State Wage Case 2004 [2004] NSWIRComm 148, to increase expense related allowances by movements in the CPI and to vary work related allowances by 3.5 per cent. 2 At a telephone hearing of the matter on 14 July 2004, Mr B Campbell appeared for the Barrier Industrial Council, Mr E Butcher for the Construction, Forestry, Mining and Energy Union, Ms R Ferry for the Shop, Distributive and Allied Employees Union and the Broken Hill Town Employees' Union ('the applicants') and Mrs S Hocking for the Broken Hill Chamber of Commerce ('the respondent'). 3 Mr Campbell sought the approval of the Commission for a variation of the Award in terms of schedule A to the application filed on 26 July 2004. 4 While the substance of the application was consented to by Mrs Hocking, an issue was canvassed with the Commission as to the operative dates of various sections of the Award according to movements in their respective parent Awards. 5 The State Wage Case Principles require that safety net adjustments must be twelve months apart. In the absence of any agreement to apply another operative date by administrative action, the Principles must be strictly complied with. Accordingly, the various operative dates must be reflected as no less than twelve months from the previous increase under the State Wage Case 2003. 6 That matter being clarified, I am satisfied that the proposed variation to the Award complies with the requirements of the Act and the principles outlined in the State Wage Case 2004. 7 Pursuant to s17 of the Act, the Award will be varied in terms of Schedule A to the application. The variations to each of the sections to the Award will have different operative dates in accordance with the twelve month period from the last State Wage Case adjustment and shall remain in force for a period of twelve months. 8 These proceedings are formally concluded. Peter J. Sams, AM 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.