Industrial Relations Commission of New South Wales CITATION: Ice Cream Carters And Van Salespersons (State) Award [2005] NSWIRComm 10 APPLICANT: Transport Workers' Union of Australia, New South Wales Branch PARTIES: RESPONDENTS: Australian Business Industrial Employers First FILE NUMBER(S): 6024 of 2004 CORAM: Sams DP CATCHWORDS: Application to vary award - monetary rates and allowances - 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: Ice Cream Carters and Van Salespersons (State) Award 320 IG 1114 HEARING DATES: 10/26/2004 EXTEMPORE JUDGMENT DATE: 10/26/2004 APPLICANT: Mr G Astorga for the Transport Workers' Union of Australia, New South Wales Branch LEGAL REPRESENTATIVES: RESPONDENTS: Mr S Marriott (Solicitor), Australian Business Industrial Mr A Haugh, Employers First JUDGMENT: - 1 - INDUSTRIAL RELATIONS COMMISSION OF NEW SOUTH WALES CORAM: SAMS, DP 2 February 2005 Matter No. IRC04/6029 ICE CREAM CARTERS AND VAN SALESPERSONS (STATE) AWARD Application by the Transport Workers' Union of Australia New South Wales Branch for variation re State Wage Case 2004 DECISION ( Ex Tempore ) [2005] NSWIRComm 10 1 This is an application, pursuant to s17 of the Industrial Relations Act 1996 ('the Act'), filed by the Transport Workers' Union of Australia, New South Wales Branch ('the applicant') to vary the Ice Cream Carters and Van Salespersons (State) Award 320 IG 1114 ('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 26 October 2004, Mr G Astorga appeared for the applicant, Mr S Marriott (Solicitor) for Australian Business Industrial and Mr A Haugh for Employers First ('the respondents'). 3 Mr Astorga sought the approval of the Commission for a variation of the Award in terms of an amended schedule marked as Exhibit 1 in the proceedings. The variation sought 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 Astorga gave the relevant commitment in respect to absorption of the increases. Having checked the calculations, the employer respondents consented to the application. 4 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. 5 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 commencing on or after the first full pay period after 1 November 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. 6 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.