Industrial Relations Commission of New South Wales CITATION: Motels, Accommodation and Resorts &c (State) Award [2005] NSWIRComm 25 APPLICANT: Australian Liquor, Hospitality and Miscellaneous Workers' Union, New South Wales Branch RESPONDENTS: PARTIES: Australian Business Industrial Employers First Catholic Commission for Employment Relations FILE NUMBER(S): 5607 of 2004 CORAM: Sams DP CATCHWORDS: Application to vary award - monetary rates and allowances - method of adjustment - consent of parties - State Wage Case Principles - application granted LEGISLATION CITED: Industrial Relations Act 1996 State Wage Case 2004 [2004] NSWIRComm 148 CASES CITED: AWARDS: Motels, Accommodation and Resorts &c (State) Award 327 IG 244 HEARING DATES: 10/01/2004; 10/14/2004; 10/25/2004 EXTEMPORE JUDGMENT DATE: 10/25/2004 APPLICANT: Mr N Quinn, Australian Liquor, Hospitality and Miscellaneous Workers' Union, New South Wales Branch LEGAL REPRESENTATIVES: RESPONDENTS: Mr M Cooper, Employers First Mr S Marriott, Austrlian Business Industrial Ms K Ryder, Catholic Commission for Employment Relations JUDGMENT: INDUSTRIAL RELATIONS COMMISSION OF NEW SOUTH WALES CORAM: SAMS, DP 15 February 2005 Matter No. IRC04/5607 MOTELS, ACCOMMODATION AND RESORTS &C (STATE) AWARD Application by Australian Liquor, Hospitality and Miscellaneous Workers' Union, New South Wales Branch for variation re State Wage Case 2004 DECISION ( Ex Tempore ) [2005] NSWIRComm 25 1 This is an application, pursuant to s17 of the Industrial Relations Act 1996 ('the Act'), filed by the Australian Liquor, Hospitality and Miscellaneous Workers Union, New South Wales Branch ('the applicant') to vary the Motels, Accommodation and Resorts &c (State) Award 327 IG 244 ('the Award') to give effect to the wage and allowance increases available pursuant to the State Wage Case 2004 [2004] NSWIRComm 148. 2 At a hearing of the matter on 1 October 2004, Mr M Vance appeared for the applicant, Ms B Alexander appeared for Australian Business Industrial, Mr A Katic for Employers First and Ms A Humphries appeared for the Catholic Commission for Employment Relations ('the respondents'). 3 Mr Vance advised the Commission that not all the parties to the Award had been notified of the proceedings. As a result, the Commission adjourned the matter to 14 October, to ensure that proper notification was made to each of the parties to the Award. 4 On that occasion, Mr N Quinn appeared for the applicant, Mr S Marriott (Solicitor) appeared for Australian Business Industrial, Mr J DeCelis appeared for Employers First and Ms K Ryder appeared for the Catholic Commission for Employment Relations. 5 The Commission was advised that the employer parties could not consent to the application because of a disagreement as to the method of adjustment of allowances in the Award. On that basis, the Commission adjourned the matter for report back and conciliation, if necessary on 25 October 2004. 6 On that occasion the appearances for the Applicant and Australian Business Industrial remained the same. Mr M Cooper now appeared for Employers First. Mr N Quinn sought the approval of the Commission for a consent variation of the Award in terms of an amended schedule marked as Exhibit 1 in the proceedings. The variation was to give effect to the $19.00 safety net adjustment available from the 2004 State Wage Case and for increases in expense and work related allowances. Mr Quinn gave the relevant commitment to the absorption of the increases. As agreement was now reached, the employer respondents consented to the application. 7 I am satisfied that the proposed variation to the Award complies with the requirements of the Act and the principles outlined in the State Wage Case 2004 [2004] NSWIRComm 148. 8 Accordingly, pursuant to s17 of the Act, the Award will be varied in terms of amended schedule A to the application (Exhibit 1). The variation is to take effect on the first full pay period after 30 October 2004 in accordance with the twelve month period from the last State Wage Case adjustment and shall remain in force for a period of twelve months. 9 These proceedings are formally concluded. 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.