Industrial Relations Commission of New South Wales CITATION : Boiling Down and By-Products (Cumberland) Consolidated Award [2004] NSWIRComm 219 APPLICANTS: PARTIES : Employers First Australasian Meat Industry Employees' Union, New South Wales Branch FILE NUMBER: 4050, 1625 of 2004 CORAM: Sams DP CATCHWORDS : Application for new award - s10 of the Act - meat industry - s19 of the Act complied with - consent of parties - award does not offend wage fixing principles - compliance with the requirements of the Act - award made - rescission of former award. LEGISLATION CITED : Industrial Relations Act 1996 ss10 and 19 State Wage Case 2004 [2004] NSWIRComm 148 CASES CITED : AWARDS: Boiling Down and By-Products (Cumberland) Consolidated Award 331 IG 278 HEARING DATES: 07/23/2004 EXTEMPORE JUDGMENT DATE : 07/23/2004 APPLICANTS: Mr M Cooper, Employers First LEGAL REPRESENTATIVES: Mr S Gurney, Australasian Meat Industry Employees' Union, New South Wales Branch JUDGMENT: INDUSTRIAL RELATIONS COMMISSION OF NEW SOUTH WALES CORAM : SAMS, DP 2 August 2004 Matter No. IRC04/1625 BOILING DOWN AND BY-PRODUCTS (CUMBERLAND) CONSOLIDATED AWARD Notice of award review pursuant to s19 of the Industrial Relations Act 1996 Matter No. IRC04/4050 BOILING DOWN AND BY-PRODUCTS (CUMBERLAND) CONSOLIDATED AWARD Application by Employers First and the Australasian Meat Industry Employees' Union, New South Wales Branch for a new award DECISION (ex tempore) [2002] NSWIRComm 219 1 This is an application, pursuant to s10 and s19 of the Industrial Relations Act 1996 ('the Act') filed jointly by Employers First and the Australasian Meat Industry Employees' Union, New South Wales Branch ('the applicants') for a new award to be known as the Boiling Down and By-Products (Cumberland) Consolidated Award. At a hearing of the matter on 23 July 2004, Mr M Cooper appeared for Employers First and Mr S Gurney appeared for the Union. 2 Mr Cooper submitted that the new award will provide for increases in wages and allowances for employees engaged under the terms and conditions of the Boiling Down and By-Products (Cumberland) Consolidated Award 331 IG 278, published on 15 February 2002. That Award has now expired. The new Award also provides for part time and casual employment provisions and updates various legislative references. In that respect the Award complies with s19 of the Act. Mr Cooper submitted that the proposed Award meets all the requirements of the State Wage Fixing Principles (State Wage Case 2004 [2004] NSWIRComm 148) and the relevant provisions of the Act. Mr Gurney supported the application and Mr Cooper's submissions. The Commission issued the following ex tempore decision. 3 Having heard the submissions of the parties, I am satisfied that this application, pursuant to s10 of the Act, has been appropriately made and that the proposed Award meets all of the requirements of the Act, the State Wage Fixing Principles and the Commission's test case standards. I am also satisfied that the Award meets the requirements of s19 of the Act and that this Award need not be reviewed for a period of three years hereafter. 4 I shall amend the Incidence, Area and Duration clause, cl 31, by inserting in the second sentence of that clause that the Award shall come into effect from the first full pay period to commence on or after 23 July 2004 and remain in force for a period of 12 months thereafter. 5 In making the new Award, I shall also issue an order of rescission (see attached) in respect to the Boiling Down and By-products (Cumberland) Consolidated Award 331 IG 278, an award which the new award now replaces in totality. That order of rescission will take effect on and from 23 July 2004 in accordance with the making of the new award effective from today. By so doing the s19 review matter IRC04/1625 is now complete. 6 These proceedings are now concluded. Peter J. Sams AM Deputy President INDUSTRIAL RELATIONS COMMISSION OF NEW SOUTH WALES CORAM: SAMS, DP 4 August 2004 Matter No. IRC04/4050 BOILING DOWN AND BY-PRODUCTS (CUMBERLAND) CONSOLIDATED AWARD ORDER OF RESCISSION 1 Pursuant to s 17 of the Industrial Relations Act 1996, the Commission orders that the Boiling Down and By-products (Cumberland) Consolidated Award 331 IG 278 as varied, be rescinded, on and from 23 July 2004. 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.