Dental Technicians (State) Award [2003] NSWIRComm 344

Industrial Relations Commission of New South Wales

CITATION : Dental Technicians (State) Award [2003] NSWIRComm 344 APPLICANT: Australian Commercial Dental Laboratories Association (NSW) PARTIES : RESPONDENT: Health Services Union INTERVENOR: Labor Council of New South Wales FILE NUMBER: 5474 of 2003 CORAM: Sams DP CATCHWORDS : Application to vary award - State Wage Case adjustments for 2001, 2002 and 2003 - wages and allowances - consent of parties - application consistent with State Wage Case Principles - coverage of employees - application approved - award varied LEGISLATION CITED : Industrial Relations Act 1996 State Wage Case (2003) [2003] NSWIRComm 174 CASES CITED : AWARD: Dental Technicians (State) Award (321 IG 833) HEARING DATES: 10/10/2003 EXTEMPORE JUDGMENT DATE : 10/10/2003

APPLICANT: Ms K Heath, Employers First LEGAL REPRESENTATIVES: RESPONDENT: Ms K King, Health Services Union and for the intervenor

JUDGMENT: - 1 - INDUSTRIAL RELATIONS COMMISSION OF NEW SOUTH WALES CORAM : SAMS, DP 16 October 2003 Matter No. IRC03/5474

Dental Technicians (State) Award

Application by the Australian Commercial Dental Laboratories Association (NSW) for variation re monetary rates DECISION ( ex tempore ) [2003] NSWIRComm 344

1 This is an application, pursuant to s17 of the Industrial Relations Act 1996 (the 'Act') by the Australian Commercial Dental Laboratories Association New South Wales Branch (the 'applicant') for a variation of the Dental Technicians (State) Award (321 IG 833) in respect to adjustments to salaries and allowances in relation to the State Wage Cases of 2001, 2002 and 2003. 2 At a hearing of the matter on 13 December 2002, Ms K Heath from Employers First appeared on behalf of the applicant. Ms K King appeared for the Health Services Union and the Labor Council of New South Wales (intervening). 3 Ms Heath said that the application was as a result of negotiations between the parties in which consent has now been achieved for a variation to the Award so as to increase salaries and allowances in line with the State Wage Case increases over three years. The increases are reflected in Schedule B to the application and are to be phased in over 12 months. Ms Heath submitted that the proposed variation meets all the requirements of the State Wage Case (2003) NSWIRComm 174 and the relevant provisions of the Act.