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. 4 It was said that the Award had not been attended to for the last three State Wage Case increases because the previous employees' organisation which had coverage under the Award had ceased to exist. The Health Services Union had now amended its rules to cover the employees in question. Ms King consented to the application. 5 Following the submissions of the parties, the Commission issued the following ex tempore decision: By consent, pursuant to s 17 of the Act, the Commission will vary the Dental Technicians (State) Award in terms of schedule A to the application such as to give effect to the State Wage Case adjustments for 2001, 2002 and 2003 in accordance with the phasing in of the increases outlined in table 1 to the Schedule. The first increase is to take effect on and from today's date being 10 October 2003 and subsequent increases are to apply at six monthly intervals. The Commission is satisfied that it is more than appropriate to vary this Award to give effect to State Wage Case decisions of this Commission, notwithstanding that there is a real inference that the rates applying under this Award are not reflected in the market place. The variation shall take effect on and from today's date and remain in force and effect for a period of twelve months thereafter. 6 These proceedings are concluded. 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.