Industrial Relations Commission of New South Wales CITATION : Recorded Music and Visual Entertainment Reproduction (State) Award [2004] NSWIRComm 348 APPLICANT: The Recorded Media Industry Union PARTIES : RESPONDENTS: Australian Business Industrial Employers First Australian Industry Group FILE NUMBER: 6137 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 CASES CITED : State Wage Case 2004 [2004] NSWIRComm148 HEARING DATES: 11/01/2004 EXTEMPORE JUDGMENT DATE : 11/01/2004 APPLICANT: Mr N Rudd, the Recorded Media Industry Union RESPONDENTS: LEGAL REPRESENTATIVES: Mr S Marriott, Australian Business Industrial Mr M Cooper, Employers First Ms N Street, Australian Industry Group JUDGMENT: - 1 - INDUSTRIAL RELATIONS COMMISSION OF NEW SOUTH WALES CORAM: SAMS, DP 15 November 2004 Matter No. IRC04/6137 RECORDED MUSIC AND VISUAL ENTERTAINMENT REPRODUCTION (STATE) AWARD Application by the Recorded Media Industry Union of New South Wales for variation re State Wage Case 2004 DECISION ( Ex Tempore ) [2004] NSWIRComm 348 1 This is an application, pursuant to s17 of the Industrial Relations Act 1996 ('the Act'), filed by the Recorded Media Industry Union ('the applicant') to vary the Recorded Music And Visual Entertainment Reproduction (State) Award 328 IG 418 ('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 1 November 2004, Mr N Rudd appeared for the applicant, Mr S Marriott (Solicitor) for Australian Business Industrial, Mr M Cooper for Employers First and Ms N Street for Australian Industry Group ('the respondents'). 3 Mr Rudd 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. The employer respondents consented to the application. 4 I am satisfied therefore 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. The variation is to take effect commencing on or after the first full pay period after 11 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.