Industrial Relations Commission of New South Wales CITATION : Clerical and Administrative Employees (State) Award. Application by Kendall Airlines (Australia) Pty Ltd for variation re stand down clause [2001] NSWIRComm 233 APPLICANT PARTIES : Kendall Airlines (Australia) Pty Ltd RESPONDENT Federated Clerks Union (New South Wales Branch) FILE NUMBER: 6241 of 2001 CORAM: Sams DP Stand down application - company under administration - variation to award - consent of parties - variation to Federal industrial instrument CATCHWORDS : Held, extraordinary and unique circumstances - variation in the public interest - consent of the parties significant - limited term of order - stand down clause approved LEGISLATION CITED : Industrial Relations Act 1996 HEARING DATES: 09/20/2001 DATE OF JUDGMENT: 09/20/2001 APPLICANT Mr A Farr Kendall Airlines Australia Pty Ltd LEGAL REPRESENTATIVES: RESPONDENT Mr A Macdonald Federated Clerks Union (New South Wales Branch) JUDGMENT: INDUSTRIAL RELATIONS COMMISSION OF NEW SOUTH WALES CORAM: SAMS, DP 20 September 2001 Matter No. IRC01/6241 CLERICAL AND ADMINISTRATIVE EMPLOYEES (STATE) AWARD Application by Kendall Airlines (Australia) Pty Ltd for variation re stand down clause D E C I S I O N 1 This is an application, pursuant to s17 of the Industrial Relations Act, 1996 ("the Act"), by Kendall Airlines (Australia) Pty Ltd ("the applicant") to vary the Clerical and Administrative Employees (State) Award (296 IG 619) ("the Award"), to include a new clause 38A - Stand Down during period of Administration of Kendall Airlines (Aust) Pty Ltd. 2 The application, filed on 20 September 2001, is made against a background in which the Ansett Group of companies has been placed into administration. As a member of the Group, Kendall Airlines is similarly now under administration. 3 On 14 September 2001, his Honour, Boulton J, of the Australian Industrial Relations Commission approved a stand-down provision in the relevant Federal industrial instrument, in similar terms to the application sought in these proceedings. 4 In accordance with s126(2) of the Act, the matter was listed at short notice with Mr A Farr, for the applicant, participating in a telephone conference from Melbourne on 20 September. Mr A Macdonald appeared for the Union. 5 The Commission was informed that the stand down clause proposed in Exhibit 1, tendered in the proceedings, seeks to cover some 100 clerical employees otherwise covered by the Award. 6 Mr Macdonald consented to the variation as proposed in Exhibit 1. 7 Having regard for the unique and extraordinary circumstances which give rise to this application, the Commission proposes to endorse the consent of the parties and approve the variation as sought. The Commission is satisfied that the proposed variation complies with the requirements of the Act, and is in the public interest. 8 The Commission notes and regards as significant, the consent of the parties and the order of the Australian Industrial Relations Commission in like terms to this application. 9 Accordingly, pursuant to Section 17 of the Act, the Clerical and Administrative Employees (State) Award is varied in terms of Exhibit 1. The variation shall take effect on and from 20 September 2001, and remain in force until 21 December 2001. 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.