Industrial Relations Commission of New South Wales CITATION : Salaried Senior Medical Practitioners (State) Award and other awards [2003] NSWIRComm 104 APPLICANT: Australian Salaried Medical Officers' Federation PARTIES : RESPONDENT: WorkCover Authority Health Administration Corporation Police Service of New South Wales FILE NUMBER: 6939 of 2002 CORAM: Sams DP CATCHWORDS : Section 17 application - salaries and allowances - health professionals - wage fixing principles - awards varied. LEGISLATION CITED : Industrial Relations Act 1996 State Wage Case (2002) 114 IR 81 CASES CITED : AWARDS: Salaried Senior Medical Practitioners (State) Award (306 IG 1225) Crown Employees (Medical Specialists, Various Agencies) Award (332 IG 672) Crown Employees (Police Medical Officers - Clinical Forensic Medicine)(State) Award (324 IG 240) HEARING DATES: 12/13/2002 DATE OF JUDGMENT: 12/13/2002 APPLICANT: Mr K Scoble appeared for Australian Salaried Medical Officers Federation LEGAL REPRESENTATIVES: RESPONDENT: Mr A Farley appeared for the Health Administration Corporation Mr G Hanson for the Police Service of New South Wales Mr D Goodwin appeared for the WorkCover Authority of New South Wales JUDGMENT: - 1 - INDUSTRIAL RELATIONS COMMISSION OF NEW SOUTH WALES CORAM : SAMS, DP 4 April 2003 Matter No. IRC02/6939 Salaried Senior Medical Practitioners (State) Award and other awards Application by Australian Salaried Medical Officers' Federation (New South Wales ) for variation re salaries and allowances DECISION ( ex tempore ) [2002] NSWIRComm 104 1 This is an application pursuant to s17 of the Industrial Relations Act 1996 (the "Act") by the Australian Salaried Medical Officers Federation ("the applicant") for a variation of the Salaried Senior Medical Practitioners (State) Award (306 IG 1225), Crown Employees (Medical Specialists, Various Agencies) Award (Not yet published) and Crown Employees (Police Medical Officers - Clinical Forensic Medicine)(State) Award (324 IG 240) in respect to salaries and allowances. 2 At a hearing of the matter on 13 December 2002, Ms K Scoble appeared for the applicant, Mr D Goodwin for the WorkCover Authority of New South Wales. Mr A Farley appeared for the Health Administration Corporation. Mr G Hanson and Mr G Hardy appeared for the Police Service of New South Wales. 3 Ms Scoble said that the application was the culmination of a long period of negotiations between the parties. Consent has now been achieved for a variation to the Awards, which will increase salaries and allowances by 4% from 3 January 2003 and 5% from 1 July 2003. An amended schedule was tendered and marked Exhibit "1". Ms Scoble said the proposed variation meets all the requirements of the State Wage Fixing Principles and the relevant provisions of the Act. 4 All parties consented to the application. 5 Following the submissions, the Commission announced: Having regard to the consent of the parties, I am satisfied that the application is consistent with the State Wage Fixing Principles and meets all the requirements of the Industrial Relations Act . Accordingly, the Commission, pursuant to section 17 of the Act, shall vary the awards identified in the application as the Salaried Senior Medical Practitioners (State) Award, Crown Employees (Police Medical Officers - Clinical Forensic Medicine)(State) Award and the Crown Employees (Medical Specialists, Various Agencies) Award in terms of exhibit 1 tendered in the proceedings subject to any corrections that might be advised within seven days of today's date. The variation shall take effect from 1 January 2003 and remain in force and effect for a period of twelve months thereafter. 6 These 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.