Industrial Relations Commission of New South Wales CITATION : Agricultural, Pastoral or Horticultural Society's Show (State) Award [2004] NSWIRComm 105 APPLICANT: Shop, Distributive and Allied Emloyees' Association, New South Wales PARTIES : RESPONDENTS: Australian Retailers Association RHI Stallholders' Association FILE NUMBER: 1591 of 2003 CORAM: Sams DP CATCHWORDS : Application to vary award - Royal Easter Show - monetary rates and allowances - CPI adjustments - consent of parties - State Wage Case Principles - application granted - award varied effective from date of hearing. LEGISLATION CITED : Industrial Relations Act 1996 State Wage Case 2003 (2003) 121 IR 446 CASES CITED : AWARD: Agricultural, Pastoral or Horticultural Society's Show (State) Award 326 IG 1077 HEARING DATES: 04/01/2004 EXTEMPORE JUDGMENT DATE : 04/01/2004 APPLICANT: Mr B Govind LEGAL REPRESENTATIVES: RESPONDENT: No appearance JUDGMENT: - 2 - INDUSTRIAL RELATIONS COMMISSION OF NEW SOUTH WALES CORAM: SAMS, DP 22 April 2004 Matter No. IRC03/1591 AGRICULTURAL, PASTORAL OR HORTICULTURAL SOCIETY'S SHOW (STATE) AWARD Application by the Shop, Distributive and Allied Employees' Association, New South Wales for variation re rates of pay DECISION [2004] NSWIRComm 105 1 This is an application pursuant to s17 of the Industrial Relations Act 1996 ('the Act'), filed by the Shop, Distributive and Allied Employees' Association, New South Wales ('the applicant') to vary the Agricultural, Pastoral or Horticultural Society's Show (State) Award 326 IG 1077 ('the Award') to give effect to the wage increases available pursuant to the State Wage Case 2003 121 IR 446 and to increase expense related allowances by movements in the CPI. 2 At a hearing of the matter on 1 April 2004, Mr B Govind appeared for the applicant and also mentioned the matter on behalf of the respondents. 3 A document was entered into evidence as Ex "1", from Mr Peter Atkinson of the RHI Stallholders' Association advising that its members had no objection to the variation sought. A document was also tendered as Ex "2" in the proceedings, from Ms Julie Owen, Australian Retailers' Association consenting to the proposed variation. 4 Mr Govind sought approval of the Commission for a variation of the award in terms of schedule A of the application. 5 Having heard the submissions of Mr Govind and in view of the consent of the ARA and RHI and upon reviewing the application, I am satisfied that the proposed award variation complies with the requirements of the Act and the principles contained in the State Wage Case 2003. 6 Accordingly, pursuant to section 17 of the Act, the Agricultural, Pastoral or Horticultural Society's Show (State) Award is varied in terms of Schedule A to the application. The variation shall take effect from 1 April 2004 and remain in force for a period of twelve months. 7 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.