Industrial Relations Commission of New South Wales CITATION : Club Managers' (State) Award 2004 [2004] NSWIRComm 214 APPLICANT PARTIES : Club Managers' Association Australia RESPONDENT Registered Clubs Association of New South Wales FILE NUMBER: 7074 of 2003 CORAM: Sams DP CATCHWORDS : Application for new award - club industry - wage increases and other changes - consent of the parties - replacement Award - new Award s19 compliant - order of rescission - new Award approved. LEGISLATION CITED : Industrial Relations Act 1996 s10 s19 CASES CITED : State Wage Case (2003) 121 IR 446 HEARING DATES: 12/17/2003 EXTEMPORE JUDGMENT DATE : 12/17/2003 APPLICANT Mr P Cooper Club Managers' Association Australia LEGAL REPRESENTATIVES: RESPONDENT Ms M Knight Registered Clubs Association of New South Wales JUDGMENT: - 3 - INDUSTRIAL RELATIONS COMMISSION OF NEW SOUTH WALES CORAM : SAMS, DP 17 December 2003 Matter No. IRC03/7074 CLUB MANAGERS' (STATE) AWARD 2004 Application by the Club Managers' Association for a new award DECISION [2004] NSWIRComm 214 1 This is an application, pursuant to section 10 of the Industrial Relations Act 1996 ('the Act'), filed on 11 December 2003, by the Club Managers' Association Australia ('the applicant') for a new award to be known as the Club Managers' (State) Award 2004. At the hearing of the matter on 17 December 2003, Mr P Cooper appeared for the applicant and Ms M Knight appeared for the Registered Clubs Association of New South Wales ('the respondent'). 2 Mr Cooper tendered an amended schedule to the application (Exhibit "1") and indicated that the application had been the result of extensive negotiations between the parties and proceeded by consent. At the conclusion of the hearing, the Commission issued the following ex tempore decision: 3 Having heard the submissions of the parties and reviewing the documentation, I am satisfied that a new Award should be made in terms of Exhibit "1", the amended schedule to the application. The Award proceeds by consent and reflects the outcome of negotiations between the parties, being the Club Managers' Association and the Registered Clubs Association of New South Wales. 4 The Award provides for two wage increases to apply during its currency - 2.7 per cent in January 2004 and 2.5 per cent in January 2005. Other minor amendments have been made to reflect various legislative and industry changes in recent years. The new Award shall apply from the first full period to commence on or after 4 January 2004 and remain in force until 3 January 2006. Provision is made for a review of the wage rates in the second year of the Award's operation. 5 The application is made pursuant to section 10 of the Act and I am satisfied that all the requirements of the Industrial Relations Act and the State Wage Case Principles (State Wage Case (2003) 121 IR 446), in particular for the making of new awards, have been complied with. In addition, the new Award contains all the relevant requirements, pursuant to s19 of the Act and therefore would not need to be reviewed for a further period of three years. 6 The new Award will rescind and replace the Club Managers' (State) Award (334 IG 520), published on 21 June 2002. Accordingly, I shall make an order of rescission in respect to that former award. (The order of rescission is attached). 7 I congratulate the parties on the extent of their co-operation in producing the new Award. These proceedings are concluded by the making of the Club Managers' (State) Award 2004. The new Award will be published in due course in the Industrial Gazette. Peter J Sams Deputy President INDUSTRIAL RELATIONS COMMISSION OF NEW SOUTH WALES CORAM: SAMS, DP 17 December 2003 Matter No. IRC03/7074 CLUB MANAGERS' (STATE) AWARD 2002 ORDER OF RESCISSION Pursuant to s 17 of the Industrial Relations Act 1996, the Commission orders that the Club Managers' (State) Award 2002 (334 IG 520) as varied, be rescinded, on and from 4 January 2004. Peter J 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.