Industrial Relations Commission of New South Wales CITATION : Recorded Music and Visual Entertainment Reproduction (State) Award [2004] NSWIRComm 354 APPLICANT: The Recorded Media Industry Union PARTIES : RESPONDENTS: Australian Business Industrial Employers First Australian Industry Group FILE NUMBER: 6314 of 2004 CORAM: Sams DP CATCHWORDS : Application to vary award - recorded music industry - union fee deductions- consent of parties - test case decision -State Wage Case Principles - application granted - award variation effective from date of hearing. LEGISLATION CITED : Industrial Relations Act 1996 CASES CITED : State Wage Case 2004 [2004] NSWIRComm148 HEARING DATES: 11/12/2004 EXTEMPORE JUDGMENT DATE : 11/12/2004 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: - 2 - INDUSTRIAL RELATIONS COMMISSION OF NEW SOUTH WALES CORAM: SAMS, DP 15 November 2004 Matter No. IRC04/6314 RECORDED MUSIC AND VISUAL ENTERTAINMENT REPRODUCTION (STATE) AWARD Application by the Recorded Media Industry Union of New South Wales for variation re union contributions DECISION ( Ex Tempore ) [2004] NSWIRComm 354 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 provide for a variation to the award re union contributions. 2 At a hearing of the matter on 12 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 B marked as Exhibit 1 in the proceedings. The variation sought was to implement a system to deduct Union membership fees from an employee's wages in accordance with the Full Bench decision Club Employees (State) Award and other Awards, Re [2002] NSWIRComm 362. The employer respondents consented to the application. 4 Having heard the submissions of the parties, I am satisfied that the proposed variation to the Award complies with the requirements of the Act, the principles outlined in the State Wage Case 2004 and the Full Bench's decision in the union fees deductions case. 5 Accordingly, pursuant to s17 of the Act, the Award will be varied in terms of Exhibit 1 in the proceedings. The variation is to take effect commencing on or from 12 November 2004 and with further operative dates effective on 12 February 2005 and 12 May 2005. The variation shall continue in force for a period of 12 months thereafter. 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.