Industrial Relations Commission of New South Wales CITATION : TAB Clerical and Administrative Staff Award 2002 [2002] NSWIRComm 267 APPLICANT: PARTIES : TAB Limited RESPONDENT: Federated Clerks Union of Australia, New South Wales Branch FILE NUMBER: 4638 of 2002 CORAM: Sams DP Application for a new award (s11) - clerical and administrative employees - State Wage Case Principles - section 19 of the Act - Test case standards of the Commission - Wage increases - conditions of employment - Rescission of former award (s17) CATCHWORDS : Held, amended application meets requirements of the Act and Wage Fixing Principles - award approved - retrospective operation - rescission of replaced award - orders made. LEGISLATION CITED : Industrial Relations Act 1996 CASES CITED : State Wage Case 2002 [2002] NSWIRComm 118 HEARING DATES: 09/06/2002; 10/10/2002 DATE OF JUDGMENT: 10/10/2002 APPLICANT: Mr N Stevens, Solicitor, Windeyer Dibbs. LEGAL REPRESENTATIVES: RESPONDENT: (06/09/02) Ms T Mihailuk, Federated Clerks Union of Australia, New South Wales Branch. (08/10/02) Ms F Hancock, Federated Clerks Union of Australia, New South Wales Branch. JUDGMENT: - 1 - INDUSTRIAL RELATIONS COMMISSION OF NEW SOUTH WALES CORAM: SAMS, DP 18 October 2002 Matter No. IRC02/4638 TAB CLERICAL AND ADMINISTRATIVE STAFF AWARD 2002 Application by TAB limited for a new award DECISION [2002] NSWIRComm 267 1 This is an application pursuant to ss11 & 17 of the Industrial Relations Act 1996 (the "Act") by the Totalisator Agency Board Limited ("the applicant") for a new enterprise award to be known as the TAB Clerical and Administrative Staff Award 2002. 2 At a hearing of the matter on 6 September 2002, Mr N Stevens (Solicitor) appeared for the applicant and Mr T Mihailuk appeared for the Federated Clerks Union of Australia, New South Wales Branch (the "Union"). 3 Mr Stevens submitted that the new award would replace and rescind the TAB Clerical and Administrative Staff Award 2000 (322 IG 821). The award will cover nineteen employees employed as computer operators; customer services officers, sales outlet support supervisors, typists and other administrative and clerical staff. 4 The proposed award provides for a 3 per cent wage increase and 0.38 per cent wage increase calculated on the cashing out of the Union picnic day. Additional flexibilities were proposed in respect to weekend and overtime rates. The annual leave loading is to be absorbed into the new rates. 5 Mr Stevens said the Union had been involved in the negotiations for the new award and presided over a vote of employees on 26 July 2002, which approved the new award, eleven votes to one. 6 Mr Stevens submitted that the proposed award meets all the requirements of the State Wage Fixing Principles and the relevant provisions of the Act. He sought an operative date of 12 August 2002. 7 Ms Mihailuk supported Mr Stevens' submissions and consented to the application. 8 The Commission raised concerns with the parties that the proposed award did not comply with section 19 of the Act insofar as it failed to incorporate the various test case standards of the Commission. 9 Mr Stevens undertook to discuss these concerns with the Union and report back to the Commission. As there was no practical detrimental affect for employees if the adjournment was granted, the Commission agreed to do so. 10 At a resumption of the hearing on 10 October 2002, Mr Stevens tendered on amended application which now incorporated the test case provisions in respect to anti-discrimination (cl 5), personal careers leave (cl 12), bereavement leave (cl 13) and redundancy provision (cl 18). 11 Ms F Hancock now appearing for the union, raised a concern with the notice of termination of employment required to be given by an employee under cl 4(iv). Mr Stevens agreed to amend the application by replacing cl 4(iv) with the following: Employment may be terminated by the employer giving the notice period as set out in Clause 18(iv)(a) in writing or the employee giving two weeks notice. Employment may be terminated by TAB Limited without notice on the grounds of serious misconduct 12 Ms Hancock consented to the amended application. 13 Having heard the submissions of the parties, and reviewing the amended application the Commission is satisfied that the application complies with the requirements of the Act and the State Wage Case Principles 2002. I am also satisfied that the proposed award complies with section 19 of the Act and accordingly need not be reviewed for a period of three years. 14 Pursuant to the provisions of Pt 1 Chap 2 of the Act, the Commission approves the making of the TAB Clerical and Administrative Award 2002 in terms of the amended application. The Award shall take effect from the first full pay period to commence on or after the 12 August 2002 and remain in force for a period of twelve months. 15 In making the new award, I formally rescind the TAB Clerical and Administrative Staff Award 2000 (322 IG 821) effective from today's date. A separate order of rescission is attached. 16 These proceedings are now concluded. Peter Sams Deputy President INDUSTRIAL RELATIONS COMMISSION OF NEW SOUTH WALES CORAM: SAMS, DP 21 October 2002 Matter No. IRC02/4638 TAB Clerical and Administrative Staff Award 2000 ORDER OF RESCISSION 17 Pursuant to s 17 of the Industrial Relations Act 1996, the Commission orders that the TAB Clerical and Administrative Staff Award 2000 (322 IG 821) as varied, be rescinded, on and from 10 October 2002. 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.