Industrial Relations Commission of New South Wales CITATION : Charitable Institutions (Professional Staff Social Workers) Award [2002] NSWIRComm 264 APPLICANT: Health and Research Employees' Association of New South Wales RESPONDENTS: Service Industry Advisory Group PARTIES : Australian Business Industrial Australian Nursing homes and Extended Care Association of New South Wales Australian Services Union of New South Wales Aged Services Association of New South Wales Catholic Commission for Employment Relations FILE NUMBER: 4616 of 2002 CORAM: Sams DP CATCHWORDS : Application to vary award - State Wage Case Principles - Wages and allowances - Consent of parties - Application approved - Award varied LEGISLATION CITED : Industrial Relations Act 1996 HEARING DATES: 09/06/2002 EXTEMPORE JUDGMENT DATE : 09/06/2002 APPLICANT: Mr D Lipman RESPONDENTS: Ms C Thorpe (Service Industry Advisory Group) LEGAL REPRESENTATIVES: Mr A Reid (Australian Business Industrial) Ms K White (Australian Nursing Homes and Extended Care Association of New South Wales Ms D Loty (Australian Services Union of New South Wales) Mr R Hutchinson (Aged Services Association of New South Wales) Mr A Katic (Catholic Commission for Employemnt Relations) JUDGMENT: - 1 - INDUSTRIAL RELATIONS COMMISSION OF NEW SOUTH WALES CORAM: SAMS, DP 9 October 2002 Matter No. IRC02/4616 CHARITABLE INSTITUTIONS (PROFESSIONAL STAFF SOCIAL WORKERS) AWARD Application by The Health and Research Employees' Association of New South Wales for variation re State Wage Case D E C I S I O N NSWIRComm 264 1 This is an application pursuant to s17 of the Industrial Relations Act, 1996 ("the Act"), by the Health and Research Employees' Association of New South Wales ("the Union") to vary the Charitable Institutions (Professional Staff Social Workers) Award (312 IG 341), to give effect to the wage and allowance increases available from the State Wage Case [2002] NSWIRComm 118. 2 At a hearing of the matter on 6 September 2002, Mr D Lipman appeared for the Union. Ms C Thorpe appeared for the Service Industry Advisory Group; Mr A Reid appeared for Australian Business Industrial; Ms K White appeared for the Australian Nursing Homes and Extended Care Association (New South Wales); Mr R Hutchinson appeared for the Aged Services Association of New South Wales; Ms D Loty appeared for the Australian Services Union of New South Wales and Mr A Katic appeared for the Catholic Commission for Employment Relations. 3 Mr Lipman sought approval of the Commission for a variation of the award in terms of Schedule A to the application. He submitted that the variation sought reflects the State Wage Case Principles and meets all the requirements of the Act. The variation is to give effect to the safety net adjustments available through the State Wage Case of 2002. 4 The application includes the relevant commitment given by the unions in respect to absorption of increases. 5 The employer representatives consented to the application. 6 Having heard the submissions and reviewing the application, the Commission is prepared to vary the Charitable Institution (Professional Staff Social Workers) Award in terms of schedule A. 7 The variation shall commence from the first full pay period commencing on or after 13 September 2002. 8 These proceedings are concluded on that basis. The variation will be published in due course in the Industrial Gazette. 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.