Industrial Relations Commission of New South Wales CITATION : Kellogg (Aust) Pty Ltd Botany (NUW) Consent Award 1999 - Application by Kellogg (Aust) Pty Ltd for a new award. Kellogg (Australia) Pty Limited (Botany) Consent (Wages Adjustment) Award 1994 - Notice of Award Review pursuant to s19 of the Industrial Relations Act 1996. Kellogg (Australia) Pty Ltd Botany (NUW) Consent Award 1996 - Notice of Award Review pursuant to s19 of the Industrial Relations Act 1996. [2000] NSWIRComm 18 Kellogg (Australia) Pty Ltd National Union of Workers, New South Wales Branch PARTIES : The Australian Workers' Union, New South Wales Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union, New South Wales Branch Electrical Trades Union of Australia, New South Wales Branch FILE NUMBER: IRC5672, 5690 & 5957 of 1999 CORAM: Walton J Vice-President CATCHWORDS : Consent Enterprise Award Wage Fixing Principles LEGISLATION CITED : Industrial Relations Act 1996 CASES CITED : State Wage Case 1999 (1999) 88 IR 363 HEARING DATES: 11/24/1999; 02/09/2000 DATE OF JUDGMENT: 03/15/2000 APPLICANT: Ms L Constantine (Solicitor) SOLICITORS: Blake Dawson Waldron LEGAL REPRESENTATIVES: RESPONDENTS: Ms A Hughes - National Union of Workers, New South Wales Branch; The Australian Workers' Union, New South Wales Mr G Maniatis - Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union, New South Wales Branch Ms R Mifsud - Electrical Trades Union of Australia, New South Wales Branch JUDGMENT: - 4 - INDUSTRIAL RELATIONS COMMISSION OF NEW SOUTH WALES CORAM: Walton J, Vice-President 15 March 2000 MATTER NO. IRC 5672 OF 1999 KELLOGG (AUST) PTY LTD BOTANY (NUW) CONSENT AWARD 1999. Application by Kellogg (Aust) Pty Ltd for a new award. MATTER NO. IRC 5690 OF 1999 KELLOGG (AUSTRALIA) PTY LIMITED (BOTANY) CONSENT (WAGES ADJUSTMENT) AWARD 1994. Notice of Award Review pursuant to Section 19 of the Industrial Relations Act 1996. MATTER NO. IRC 5957 OF 1999 KELLOGG (AUSTRALIA) PTY LTD BOTANY (NUW) CONSENT AWARD 1996. Notice of Award Review pursuant to Section 19 of the Industrial Relations Act 1996. DECISION 1 This is an application by Kellogg (Aust) Pty Ltd to make a new award known as the Kellogg (Aust) Pty Ltd Botany (NUW) Consent Award 1999. By consent of the parties, there was joined to the hearing of this application award review proceedings in relation to two awards, namely the Kellogg (Aust) Pty Ltd Botany (NUW) Consent Award 1996 ("the 1996 Award") and the Kellogg (Australia) Pty Limited (Botany) Consent (Wages Adjustment) Award 1994 ("the 1994 Award"). 2 Ms L Constantine, solicitor, who appeared for the applicant, submitted that the 1994 Award was obsolete and accordingly should be rescinded by the Commission in the award review process. She submitted that the 1996 award should be rescinded, primarily in consequence of the Commission making the new award the subject of the present application. 3 In relation to the 1994 Award, Ms Constantine referred to the decision of Schmidt J delivered on 12 April 1996 (unreported, Matter No. 2567 of 1995, 12 April 1996) in which the Commission determined to rescind that award. It was submitted that the 1996 Award should be rescinded if the Commission determined to make the new award proposed in the application. The 1996 Award and the proposed award should be examined having regard to the requirements of s19 of the Industrial Relations Act 1996 ("the Act"). 4 Upon the consent of the parties the Commission proceeded to hear the application and award review matters upon the basis outlined by Ms Constantine. 5 It is unnecessary, in my view, to make further orders rescinding the 1994 Award although the Commission notes that the parties have sensibly included in cl5 of the proposed award a provision which makes clear that the proposed award has the effect (to the extent required) of rescinding the 1994 and 1996 awards. 6 Following certain matters being raised by the Commission in the course of the proceedings the solicitors for the applicant filed, with the consent of the National Union of Workers, New South Wales Branch, an amended application. This amended application was annexed to correspondence dated 9 February 2000 and was filed by leave of the Commission. The balance of this decision concerns the Commission's assessment of the application, so amended. 7 Negotiations for the proposed award commenced in or about October 1998. The new award was negotiated through the operation of a consultative committee which consisted of representatives of management and employees. A number of the employee representatives attended the proceedings before the Commission. The Consultative Committee met on a full time basis from early October until late 1998. The final version of the proposed award was the subject of voting by employees on three occasions. 8 It was submitted that the proposed award introduced a number of changes including an increase in rates of pay, a revision of the clause dealing with casual employment (providing greater flexibility for the use of casual employees), an alteration to training arrangements and an opportunity to achieve new performance review systems and productivity levels. The Commission was also provided with confidential information concerning arrangements which had been reached for crewing levels and annualised salaries. 9 Ms Constantine submitted that the application complied with the statutory requirements and the principles laid down by this Commission in the State Wage Case 1999 (1999) 88 IR 363. 10 The Union parties to the proceedings consented to the proposed application. 11 The Commission has expressed it's appreciation for the helpful submissions received in this matter. It is satisfied that the necessary statutory requirements have been met for the making of an award and that the application meets the requirements of the wage fixing principles as stated in the State Wage Case 1999. 12 The Commission makes a new award known as the Kellogg (Australia) Pty Ltd Botany (NUW) Consent Award 1999 in terms of the award annexed to the aforementioned correspondence dated 9 February 2000. That award shall operate on and from 24 November 1999 and shall remain in force for a period of 24 months. 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.