Broken Hill Commerce and Industry Consent Award, Re [2002] NSWIRComm 252

Industrial Relations Commission of New South Wales

CITATION : Broken Hill Commerce and Industry Consent Award, Re [2002] NSWIRComm 252 APPLICANTS: Barrier Industrial Council Broken Hill Town Employees Union PARTIES : Construction, Forestry, Mining and Energy Union (New South Wales Branch) Shop, Distributive and Allied Employees Association, New South Wales Branch, and other unions

RESPONDENTS: Broken Hill Chamber of Commerce Inc, and other employers FILE NUMBER: IRC 4579 of 2002 CORAM: Wright J President; Walton J Vice-President; Boland J; O'Neill C Award - State Wage Case - State Wage Case principles - Application by employers that State Wage Case increase not be granted - Importance and urgency of proceedings - Related proceedings - Decision of Full Bench given as a matter of urgency - Reasons for decision to be provided in due course - Economic incapacity principle - Whether wage increases should be absorbed - Economic difficulties in Broken Hill area - Absorption principle - Outcome contemplated by parties when recent consent award made - Minimum rates award - Obligations of parties - Importance in industrial and employment relations that parties adhere to considered agreements - Application to defer State Wage Case increases refused - Award varied to include State Wage Case increases subject to undertakings etc. CATCHWORDS : State Wage Case principles - Award - State Wage Case - Application by employers that State Wage Case increase not be granted - Importance and urgency of proceedings - Related proceedings - Decision of Full Bench given as a matter of urgency - Reasons for decision to be provided in due course - Economic incapacity principle - Whether wage increases should be absorbed - Economic difficulties in Broken Hill area - Absorption principle - Outcome contemplated by parties when recent consent award made - Minimum rates award - Obligations of parties - Importance in industrial and employment relations that parties adhere to considered agreements - Application to defer State Wage Case increases refused - Award varied to include State Wage Case increases subject to undertakings etc. LEGISLATION CITED : Industrial Relations Act 1996 s 130 Workplace Relations Act 1996 (Cth) s 170LK CASES CITED : Broken Hill Chamber of Commerce and CFMEU (NSW Branch) [2002] NSWIRComm 244 State Wage Case 2002 (2002) 114 IR 81 HEARING DATES: 09/26/2002 DATE OF JUDGMENT: 09/30/2002