Industrial Relations Commission of New South Wales CITATION : Broken Hill Commerce and Industry Consent Award 2001 [2003] NSWIRComm 259 APPLICANT: PARTIES : Broken Hill Town Employees Union RESPONDENT: Broken Hill Chamber of Commerce Inc. FILE NUMBER: 3434 of 2003 CORAM: Sams DP CATCHWORDS : Application to vary award - State Wage Case 2003 - wages and allowances - consent of the parties - application consistent with State Wage Case Principles - application approved - award varied. LEGISLATION CITED : Industrial Relations Act 1996 CASES CITED : State Wage Case 2003 [2003] NSWIRComm 174 HEARING DATES: 07/24/2003 EXTEMPORE JUDGMENT DATE : 07/24/2003 APPLICANT: Mrs R Greenwood for the Broken Hill Town Employees Union LEGAL REPRESENTATIVES: RESPONDENT: Mrs S Hocking for the Broken Hill Chamber of Commerce Inc JUDGMENT: - 1 - INDUSTRIAL RELATIONS COMMISSION OF NEW SOUTH WALES CORAM : SAMS, DP 6 September 2003 Matter No. IRC03/3434 BROKEN HILL COMMERCE AND INDUSTRY CONSENT AWARD 2001 Application by the Barrier Industrial Council for variation re State Wage Case 2003 DECISION [2003] NSWIRComm 259 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 Broken Hill Commerce and Industry Consent Award 2001 336 IG 885. 2 At a hearing of the matter on 24 July 2003, Mrs R Greenwood appeared for the applicant Union and Mrs S Hocking appeared for the Broken Hill Chamber of Commerce. Mrs Greenwood said that the purpose of the application was to increase all rates and allowances in the Award in accordance with the State Wage Case 2003 [2003] NSWIRComm 174. 3 During submissions, the Commission was informed that there was a disagreement about the calculation of the wage rates in the National Training Wage Section of the Award. The Commission directed the parties to immediately confer about the disagreement and stood the matter down the list. Upon resumption later that day, Mrs Greenwood tendered an agreed schedule of rates for the National Training Wage Section (Ex"1"). 4 Following further submissions of the parties, and reviewing the amended application, the Commission issued the following ex tempore decision: Having heard the submissions of the parties, the Commission will vary the Broken Hill Commerce and Industry Consent Award 2001 in terms of the amended agreed schedule to the application. (Ex "1") The effective dates of operation of the increases are reflected in the application. In all respects the Commission is satisfied that the application meets the requirements of the Industrial Relations Act and otherwise is consistent with the State Wage Case Principles. The variation will be published in due course in the Industrial Gazette. 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.