Industrial Relations Commission of New South Wales CITATION : Broken Hill Commerce and Industry Consent Award [2002] NSWIRComm 105 APPLICANTS Broken Hill Chamber of Commerce Inc. Broken Hill Town Employees' Union PARTIES : Barrier Industrial Council Shop Distributive and Allied Employees' Association Construction, Forestry, Mining and Energy Union - Western District Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union FILE NUMBER: 1503 of 2002 CORAM: Sams DP CATCHWORDS : Application for a new Award - s10 of the Act - consent of parties - industrial merit - improvements in wages and conditions - application satisfies requirements of the Act - compliance with State Wage Fixing Principles - s19 Award review - Award made - previous Award rescinded. LEGISLATION CITED : Industrial Relations Act 1996 Principles for Review of Awards - State Decision (85 IR 38) State Wage Case 2001 [2001] NSWIRComm 119 (104 IR 438) CASES CITED : AWARD: Broken Hill Commerce and Industry Agreement (Consent Award) 1998 32 IG 474 HEARING DATES: 04/11/2002 DATE OF JUDGMENT: 05/14/2002 MRS S HOCKING and MS T OLIVER Broken Hill Chamber of Commerce Inc. MR B CAMPBELL Broken Hill Town Employees' Union and Barrier Industrial Council MS R GREENWOOD LEGAL REPRESENTATIVES: Broken Hill Town Employees' Union and Shop Distributive and Allied Employees Association MR E BUTCHER Construction, Forestry, Mining and Energy Union - Western Division and Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union JUDGMENT: INDUSTRIAL RELATIONS COMMISSION OF NEW SOUTH WALES CORAM: SAMS, DP 14 May 2002 Matter No. IRC02/1503 BROKEN HILL COMMERCE AND INDUSTRY CONSENT AWARD 2001 Application by the Broken Hill Chamber of Commerce Inc for a new award. DECISION 1 This is an application, pursuant to section 10 of the Industrial Relations Act 1996, ("the Act") filed jointly on 18 March 2002, by the Broken Hill Chamber of Commerce Inc and relevant Unions for a new award. 2 At the hearing of the matter on 11 April 2002, Ms S Hocking and Ms T Oliver appeared for the applicant. Mr B Campbell represented the Broken Hill Town Employee's Union and the Barrier Industrial Council, Mr E Butcher appeared for the Construction, Forestry, Mining and Energy Union, New South Wales Branch, the Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union, New South Wales and Ms Greenwood appeared for the Shop Distributive and Allied Employees' Association and Broken Hill Town Employees Union. The matter was listed with IRC596/02 - a dispute involving the interpretation of a clause in the Metals Section of the Award. That dispute is the subject of a separate decision published on 9 May 2002. 3 There is a long history of industrial coverage in Broken Hill under this Award. It contains general clauses and specific provisions dealing with, Animal Welfare, Cleaners and Caretakers, Clerks, Clothing Trades, Furnishing Trades, Gardeners, Hairdressers, Handyperson/Town Labourer, Hotels, Kindergarten & Child Care Centres, Meat Industry (Processing), Motels, National Training Wage, Plant Operators & Earthmoving, Restaurants, Fish shops & Cafes where Meals are Served, Security Industry, and Shop Assistants. 4 Negotiations have been ongoing for some time, reflecting a desire of the industrial parties to conclude an agreement every 3 years. The Award provides for the commencement of negotiations for a new award 6 months prior to this Award's expiry date. 5 The award was brought to the Commission by consent and rescinds and replaces the 1998 Award (332IG 474). The Award provides for periodic wage increases and improvements in other benefits. I am satisfied the proposed award has industrial merit. The parties submitted that the Award complies with the requirements of section 19 of the Act. In those circumstances the Award need not be reviewed for a further period of three years. 6 Having considered the submissions of the parties and reviewing the document that has been filed, the Commission is satisfied that the Award should be made. The Award complies with the requirements of the Industrial Relations Act 1996 and the Commission's Principles for Review of Awards (85 IR 38) and the Commission's State Wage Case Principles (104 IR 438). The Award is to take effect from the first pay period on the 8 March 2002 and remain in force until 30 June 2004. I note for the record that the effective date of operation negotiated between the parties is 1 October 2001. 7 The award is to replace, and rescind the Broken Hill Commerce and Industry Agreement (Consent Award) 1998, such award having been published in Gazette 332 at page 274. A separate order of rescission will be published with this decision. 8 In all other respects, the Commission is satisfied that it is appropriate to make the Award in the terms sought in the application and I intend to do so. The proceedings are concluded. Peter Sams Deputy President INDUSTRIAL RELATIONS COMMISSION OF NEW SOUTH WALES CORAM: SAMS, DP 14 May 2002 Matter No. IRC02/1503 BROKEN HILL COMMERCE AND INDUSTRY AGREEMENT (CONSENT AWARD) 1998 Application by the Broken Hill Chamber of Commerce Inc for rescission of the Award. ORDER OF RESCISSION Pursuant to the decision in this matter given on 11 April 2002, the Commission orders that the Broken Hill Commerce and Industry Agreement (Consent Award) 1998 32 IG 474) as varied, be rescinded on and from 18 March 2002. 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.