Industrial Relations Commission of New South Wales CITATION : Warehouse Employees General (State) Award and Warehouse Employees Drug (State) Award [2003] NSWIRComm 114 APPLICANT: Shop, Distributive and Allied Employees' Association, New South Wales Shop Assistants and Warehouse Employees' Federation, Newcastle and Northern New South Wales PARTIES : RESPONDENTS: Employers First Australian Retailers Association Australian Business Industrial Australian Industry Group FILE NUMBER: 1519,1520,1521,1522 of 2003 CORAM: Sams DP s17 applications to vary awards - expense related allowances - union fee deduction clause - test case decision - State Wage Case Principles - opportunity to consult members. CATCHWORDS : Held, variation not in conflict with the Act or State Wage Case Principles - industrial merit - 7 days to lodge objections - no objections filed - variation approved - variation consistent with test case decision - amended application approved. Industrial Relations Act 1996 LEGISLATION CITED : AWARDS: Warehouse Employees General (State) Award (329 IG 860) Warehouse Employees Drug (State) Award (324 IG 1181) Re Club Employees State Award and other Awards [2002] NSWIRComm 362 CASES CITED : State Wage Case (2002) 114 IR 81 Bootmakers & Heel Bar Operatives &c., (State) Award and other Awards [2003] NSWIRComm 92 HEARING DATES: 03/27/2003 DATE OF JUDGMENT: 03/27/2003 APPLICANT: Mr D Bliss for the Shop Distributive and Allied Employees' Association, New South Wales and for the Shop Assistants and Warehouse Employees' Union, Newcastle and Northern New South Wales RESPONDENT: LEGAL REPRESENTATIVES: Mr P Wilcockson for Employers First Ms L Brooks for Australian Business Industrial Mr M Meade for the Australian Industry Group Ms Flanagan for Australian Retailers Association New South Wales JUDGMENT: - 4 - INDUSTRIAL RELATIONS COMMISSION OF NEW SOUTH WALES CORAM : SAMS, DP 15 April 2003 Matter No. IRC03/1519, 1520, 1521 and 1522 Warehouse Employees General (State) Award Warehouse Employees Drug (State) Award Applications by the Shop, Distributive and Allied Employees' Association, New South Wales and another for variation re expense related allowances and union fee deduction arrangements. DECISION [2003] NSWIRComm 114 1 These are four applications, pursuant to s17 of the Industrial Relations Act 1996 (the "Act") filed by the Shop, Distributive and Allied Employees' Association, New South Wales and the Shop Assistants and Warehouse Employees' Federation, Newcastle and Northern New South Wales ("the Unions") for the variation of Warehouse Employees General (State) Award (329 IG 860) and Warehouse Employees Drug (State) Award (324 IG 1181) in respect to expense related allowances and union fee deduction arrangements. 2 At a hearing of the matter on 27 March 2003, Mr D Bliss appeared for the Unions. 3 Mr Bliss submitted that the applications deal firstly, with an increase in the expense related allowances in line with the Consumer Price Index up to and including the December 2002 quarter, and secondly, to give effect to the decision of the Full Bench of the Commission in Re Club Employees State Award and other Awards [2002] NSWIRComm 362. Mr Bliss said the proposed variations meet all the requirements of the State Wage Case (2002) 114 IR 81 and the relevant provisions of the Act. He tendered an amended schedule in all of the matters and each was marked Exhibit "1" in the respective proceedings. Mr Bliss provided an affidavit from each of the two Union Secretaries, as required by the Full Bench decision, stating that the variation was not in conflict with the Union's rules. 4 All employer parties consented to the application in respect to expense related allowances. However, a number of employer organisations, including Employers First, the Australian Retailers Association and Australian Business Industrial requested an opportunity to consult with their members as to any difficulties that might exist with the union fee deduction clause. 5 Mr Bliss agreed to a period of seven days for such consultation, but observed that the Full Bench's decision was a test case decision and that awards were to be varied upon application. 6 Consistent with my decision in Bootmakers & Heel Bar Operatives &c., (State) Award and other Awards [2003] NSWIRComm 92, I issued the following decision: I will make the variation as proposed effective from today's date. I grant leave to those parties that have requested a period of seven days to advise the Commission should there be any difficulty. I do not expect them to advise the Commission of consent, only if there be any difficulty and at the conclusion of seven days I shall sign the appropriate documentation and have the matter remitted to the settlement section of the Commission for publication eventually in the Industrial Gazette. These matters are concluded on that basis. 7 I am satisfied that the proposed variations do not conflict with the State Wage Case Principles and in all other respects are consistent with the relevant provisions of the Act. I am further satisfied that the proposed variations have industrial merit and are consistent with the test case decision. 8 As the period of seven days has now expired and no objection has been received, the awards will be varied in accordance with Exhibit 1 in each of the proceedings. Such variation will take effect from 27 March 2003 and remain in force for twelve months thereafter. 9 The proceedings are concluded. 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.