Industrial Relations Commission of New South Wales CITATION : Transport Industry (State) Award [2003] NSWIRComm 434 APPLICANT Transport Workers' Union of New South Wales RESPONDENTS New South Wales Road Transport Association Inc PARTIES : Australian Industry Group Australian Business (Industrial) Employers First Australian Retailers' Association FILE NUMBER: IRC4067 of 2003 CORAM: Peterson J; Sams DP; Connor C CATCHWORDS : Award - Application for Variation - State Wage Case 2003 - Special Case - Consent of parties - Award varied. State Wage Case 2003 (2003) 121 IR 446 CASES CITED : Re Transport Industry (State) Award (1996) 95 IR 126 Re Transport Industry (State) Award (1996) 95 IR 232 Re Transport Industry (State) Award (2002) 120 IR 151 HEARING DATES: 10/27/2003 EXTEMPORE JUDGMENT DATE : 10/27/2003 APPLICANT Mr A Hatcher of counsel with Mr M Kaine, solicitor UNION Transport Workers' Union of New South Wales. RESPONDENTS Mr R Grace New South Wales Road Transport Association Inc LEGAL REPRESENTATIVES: Ms V Paul Australian Industry Group Ms R Brady Australian Business (Industrial) Ms K Barratt Employers' First and Australian Retailers Association JUDGMENT: - 2 - INDUSTRIAL RELATIONS COMMISSION OF NEW SOUTH WALES FULL BENCH CORAM: PETERSON J SAMS DP CONNOR C DATE: 27 OCTOBER 2003 Matter No IRC4067 of 2003 TRANSPORT INDUSTRY (STATE) AWARD Application by Transport Workers' Union of New South Wales for variation of award re monetary rates. DECISION (Extempore) 1 The Transport Industry (State) Award has been the subject of two special case decisions in contested proceedings which were given in 1996 and 2000 and reported in (1996) 95 IR 126 and 232, which increased wage rates by 15 per cent and 10 per cent respectively; in each case in return for offsets then held to justify the wage increases despite opposition from some employer groups and consent from others. 2 Apart from the one State Wage Case safety net adjustment of $8.00 on 3 February 1994 and the 2002 Principle 2(e) increase, the special case increases in 1996 and 2000 are the only increases extended to the Award since 29 May 1991. 3 The application now before the Commission seeks to extend to the Award the State Wage increase of $17.00 a week, together with consequential increases in certain allowances which was awarded generally in the State Wage Case 2003 decision published in (2003) 121 IR 446. 4 The matter now before the Full Bench arises in the circumstances similar to those referred to in Re Transport Industry (State) Award (2002) 120 IR 151 which was a subsequent increase under Principle 2(e) of the Commission's Wage Fixing Principles. 5 All parties now consent to the Award being varied in the manner sought, noting the commitment given by the TWU in correspondence between the parties which is now an exhibit in the proceedings. 6 We are satisfied that the position now documented by the parties conforms with Principle 2(e) of the Commission's Wage Fixing Principles and that the Commission should vary the Award accordingly. 7 The variation will operate from the first pay period to commence on or after 13 November 2003. We so order. 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.