Industrial Relations Commission of New South Wales CITATION : Aged Care Industry Broken Hill Consoidated Award [2003] NSWIRComm 255 APPLICANT: PARTIES : Broken Hill Town Employees' Union RESPONDENT: Aged Services Association of New South Wales FILE NUMBER: 3800 of 2003 CORAM: Sams DP CATCHWORDS : Application to vary award - State Wage Case 2003 - wages and allowances - consent of parties - application consistent with State Wage Case Principles - application approved - award varied. LEGISLATION CITED : Industrial Relations Act 1996 HEARING DATES: 07/23/2003 EXTEMPORE JUDGMENT DATE : 07/23/2003 APPLICANT: Mr Brett Campbell for the Broken Hill Town Employees Union LEGAL REPRESENTATIVES: RESPONDENT: No apearance for the Aged and Community Services Association of New South Wales JUDGMENT: - 1 - INDUSTRIAL RELATIONS COMMISSION OF NEW SOUTH WALES CORAM : SAMS, DP 8 August 2003 Matter No. IRC03/3800 AGED CARE INDUSTRY BROKEN HILL CONSOLIDATED AWARD Application by The Broken Hill Town Employees' Union for variation re State Wage Case 2003 DECISION [2003] NSWIRComm 255 1 This is an application pursuant to s17 of the Industrial Relations Act 1996 (the "Act") by the Broken Hill Town Employees Union ("the applicant") for a variation to the Aged Care Industry Broken Hill Consolidated Award 326 IG 255. 2 At a hearing of the matter on 23 July 2003, Mr B Campbell and Mrs R Greenwood appeared for the applicant. There was no other appearance. However, the Commission noted a letter from the Aged and Community Services Association of New South Wales and Australian Capital Territory in which it consented to the application. Mr Campbell said that the purpose of the application was to increase all rates and allowances in schedule A in accordance with the State Wage Case 2003. 3 The Commission was satisfied that the application meets all the requirements of the State Wage Fixing Principles (2003) [2003] NSWIRComm 174 and the relevant provisions of the Act. 4 Following the submissions of the parties, the Commission announced: Having heard the submissions of the union and being aware of the consent of the main employer organisation to the award, the Commission is prepared to make the variation pursuant to section 17 of the Act in terms of schedule A to the application. The application seeks to apply the 2003 State Wage Case increase to the rates and allowances in the award and accordingly is consistent with that decision. The variation shall take effect from the first full pay period commencing on or after 8 August 2003 and remain in force for 12 months thereafter. 5 These proceedings are now concluded. 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.