NSW Caselaw
Industrial Relations Commission of New South Wales
CITATION: Racecourse Totalisators (State) Award [2005] NSWIRComm 275
APPLICANT New South Wales Local Government, Clerical, Administrative, Energy, Airlines & Utilities Union PARTIES: RESPONDENT Tabcorp Limited
FILE NUMBER(S): 239 of 2005
CORAM: Sams DP
2004 State Wage Case adjustments - racecourse totalisator industry - 'lagging' award - 18 months lag - Special Case Principle - respondent seeks consent of Union to productivity/flexibility improvements - workforce profile - low paid workers - casual employment - cost of the claim - financial position of respondent - budgetary considerations - increase not factored in - new technology - possible job losses - savings for the respondent - public interest. CATCHWORDS: Held, Special Case made out - reason for 'lagging' not relevant - employees not to blame for 'lagging' award - fair and reasonable conditions of employment for employees - application in the public interest - low paid employees - Award will continue to remain behind - cost of the claim minimal - economic evidence inconclusive - profitability of overall Division - new technology to be introduced - cost offsets not considered - application granted - backdated to date of application - foreshadowed application for 2005 State Wage Case adjustments.
Industrial Relations Act 1996 Industrial Relations Act 1999 (Qld)
LEGISLATION CITED: AWARD Racecourse Totalisators (State) Award 313 IG 385 TAB Clerical and Administrative Staff PhoneTAB Operators Award 2002 336 IG 405
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