Industrial Relations Commission of New South Wales CITATION : Bacon Factory Employees (Cumberland) Consolidated Award [2004] NSWIRComm 242 APPLICANT: PARTIES : Australasian Meat Industry Employees' Union, New South Wales Branch RESPONDENT: Australian Meat Industry Council FILE NUMBER: 4099, 1615 of 2004 CORAM: Sams DP CATCHWORDS : Application for new award - s10 of the Act - meat industry - s19 of the Act complied with - consent of parties - rates below Award Review Classification Rate - award does not offend wage fixing principles - compliance with the requirements of the Act - amendments filed - award made - rescission of former award. LEGISLATION CITED : Industrial Relations Act 1996 ss10 and 19 CASES CITED : State Wage Case 2004 [2004] NSWIRComm 148 HEARING DATES: 07/23/2004 EXTEMPORE JUDGMENT DATE : 07/23/2004 APPLICANT: Mr S Gurney, Australasian Meat Industry Employees' Union, New South Wales Branch LEGAL REPRESENTATIVES: RESPONDENT: Mr M McKell, Australian Meat Industry Council JUDGMENT: INDUSTRIAL RELATIONS COMMISSION OF NEW SOUTH WALES CORAM : SAMS, DP 18 August 2004 Matter No. IRC04/4099 Bacon Factory Employees (Cumberland) Consolidated Award Application by the Australasian Meat Industry Employees' Union, New South Wales Branch for a new award Matter No. IRC04/1615 Bacon Factory Employees (Cumberland) Consolidated Award Notice of award review pursuant to s19 of the Industrial Relations Act 1996 DECISION (ex tempore) [2004] NSWIRComm 242 1 This is an application, pursuant to s10 of the Industrial Relations Act 1996 ('the Act') filed by the Australasian Meat Industry Employees' Union, New South Wales Branch ('the applicant') for a new award to be known as the Bacon Factory Employees (Cumberland) Consolidated Award ('the Award'). At a hearing of the matter on 23 July 2004, Mr S Gurney appeared for the applicant and Mr K McKell appeared for the Australian Meat Industry Council ('the respondent'). 2 Mr Gurney submitted that the new Award will provide for a consolidation of award conditions in respect to previous State Wage Case increases and an updating of language and legislative references. Mr Gurney submitted that the proposed Award meets all the requirements of the State Wage Fixing Principles [2004] NSWIRComm 148 and the relevant provisions of the Act. Mr McKell supported the application and Mr Gurney's submissions. 3 During the proceedings the Commission raised with the parties the fact that some of the proposed wage rates were below the Award Review Classification Rate of the State Wage Case 2004. Mr Gurney assured the Commission that all employees covered by the proposed Award were paid well in excess of the Award rates. After a short adjournment the parties agreed to amend the rates of pay so as to ensure that no rate was below the Commission's Award Review Classification Rate. 4 Having heard the submissions of the parties, I provisionally approved the Award annexed to the application pursuant to s 10 of the Act and the State Wage Case 2004, subject to the wage rates in Part B of the Award being amended to ensure compliance with the Award Review Classification Rates set down by the State Wage Case 2004. A replacement page to that part of the Award was provided by the parties within 7 days and at that time I marked the file as concluded and remitted it to the Registry for eventual publication in the Industrial Gazette. 5 I also note that there will be two changes made to the definitions in the Award, which I marked on the document, and a grammatical correction to cl 19(iii), which was also marked on the document. 6 The Award shall take effect on and from 23 July 2004, and remain in force for a period of 12 months thereafter. 7 In light of the making of this Award, the Award which it replaces, being an Award of this Commission previously reviewed in 2001 (and published in 331 IG 1043) no longer has any force and effect and as a consequence can be appropriately dealt with pursuant to s19 of the Act by the making an order of rescission. That order of rescission shall take effect on and from today's date and is attached to this decision. 8 These proceedings are now concluded. Peter J Sams AM Deputy President INDUSTRIAL RELATIONS COMMISSION OF NEW SOUTH WALES CORAM: SAMS, DP 18 August 2004 Matter No. IRC04/1615 BACON FACTORY EMPLOYEES (CUMBERLAND) CONSOLIDATED AWARD ORDER OF RESCISSION 1 Pursuant to s 17 of the Industrial Relations Act 1996, the Commission orders that the Bacon Factory Employees (Cumberland) Consolidated Award 331 IG 1043 as varied, be rescinded on and from 23 July 2004. 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.