Industrial Relations Commission of New South Wales CITATION: Turner Stephens Group - NUW Consent Award 2005 [2005] NSWIRComm 180 APPLICANT: National Union of Workers PARTIES: RESPONDENT: Turner Stephens Group FILE NUMBER(S): 1402 of 2005 CORAM: Sams DP CATCHWORDS: Application for a new award - s10 of the Act - s19 of the Act complied with - consent of the parties - wage increases - award does not affend wage fixing principles - compliance with the requirements of the Act - award made. LEGISLATION CITED: Industrial Relations Act 1996 CASES CITED: State Wage Case 2004 [2004] NSWIRComm 148 HEARING DATES: 04/01/2005 EXTEMPORE JUDGMENT DATE: 04/01/2005 APPLICANT: Mr M Ptolemy LEGAL REPRESENTATIVES: RESPONDENT: No appearance JUDGMENT: INDUSTRIAL RELATIONS COMMISSION OF NEW SOUTH WALES CORAM : SAMS, DP 31 May 2005 Matter No. IRC05/1402 TURNER STEPHENS GROUP - NUW CONSENT AWARD 2005 Application by the National Union of Workers, New South Wales Branch for a new award DECISION (ex tempore) [2005] NSWIRComm 180 1 This is an application, pursuant to s10 of the Industrial Relations Act 1996 ('the Act') filed by the National Union of Workers New South Wales Branch ('the applicant') for a new award to be known as Turner Stephens Group - NUW Consent Award 2005 ('the Award'). At a hearing of the matter on 1 April 2005, Mr M Ptolemy appeared for the National Union of Workers, New South Wales Branch. There was no appearance by the respondent company. However, the proposed Award was signed by two Company directors. 2 Mr Ptolemy submitted that the proposed new Award meets all the requirements of the State Wage Fixing Principles [2004] NSWIRComm 148 and the relevant provisions of the Act. 3 Having heard the submissions and reviewing the documentation, the Commission delivered a short ex tempore decision in the following terms: Although there is no representation from the Company, it is plain from the documentation that the Company has agreed to the Award by the directors of the Company, Mr Turner and Mr Stephens signing the document on 24 February. In those circumstances I propose to make the Award as requested. I am satisfied that the Award meets all the requirements of the Act and the State Wage Fixing principles and it will not be contrary to the public interest to make such an award in the terms sought. In those circumstance the Award shall take effect on and from today's date, being 1 April 2005, and remain in force for a period of two years thereafter. 4 These proceedings are now 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.