Industrial Relations Commission of New South Wales CITATION : Club Employees (State) Award [2002] NSWIRComm 278 APPLICANT: Australian Liquor, Hospitality and Miscellaneous Workers' Union, New South Wales Branch PARTIES : RESPONDENTS: Registered Clubs Association Barrier Social Democratic Club FILE NUMBER: 4813 of 2002 CORAM: Sams DP CATCHWORDS : Application to vary award - s17 of the Act - allowances - CPI adjustments - Wage Fixing Principles - consent of parties - operative date - delay in operative date rejected - compliance with requirements of the Act and State Wage Fixing Principles - award varied - proceeding concluded LEGISLATION CITED : Industrial Relations Act 1996 CASES CITED : State Wage Case 2002 [2002] NSWIRComm 118 HEARING DATES: 08/27/2002 EXTEMPORE JUDGMENT DATE : 08/27/2002 APPLICANT: Mr C Acev LEGAL REPRESENTATIVES: RESPONDENTS: Mr G Arnold (Registered Clubs Association) Ms N Town (Barrier Social Democratic Club) JUDGMENT: - 1 - INDUSTRIAL RELATIONS COMMISSION OF NEW SOUTH WALES CORAM: SAMS, DP 22 October 2002 Matter No. IRC02/4813 CLUB EMPLOYEES (STATE) AWARD Application by the Australian Liquor, Hospitality Miscellaneous Workers' Union, New South Wales Branch for variation re rates of pay DECISION [2002] NSWIRComm 278 1 This is an application pursuant to s17 of the Industrial Relations Act 1996 ("the Act"), by the Australian Liquor Hospitality and Miscellaneous Workers Union, New South Wales Branch ("the Union") to vary the Club Employees (State) Award (319 IG 589) to give effect to the consent of the parties to vary certain allowances. 2 At a hearing of the matter on 27 August 2002, Mr C Acev appeared for the Union, Mr G Arnold appeared for the Registered Clubs Association and Ms N Town appeared for the Barrier Social Democratic Club ("the respondents"). 3 Mr Acev sought approval of the Commission for a variation of the award in terms of an amended Schedule A to the application (Ex "1"). He submitted that the variation sought reflects Clause 24 of the Award, which provides for a CPI adjustment to certain allowances. 4 The respondents consented to the variation save for the operative date. Mr Arnold and Ms Town asked for a period of time (1 week) to advise their members of the new rates. This submission was rejected. 5 Having heard the submissions of the parties and 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 2002. 6 Accordingly, pursuant to section 17 of the Act, the Club Employees (State) Award is varied in terms of Schedule A. The variation shall take effect from the beginning of the first full pay period to commence on or after 27 August 2002, and remain in force for a period of twelve months. 7 These proceedings are formally 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.