Industrial Relations Commission of New South Wales CITATION : Racecourse Totalisators (State) Award [2003] NSWIRComm 320 APPLICANT: PARTIES : New South Wales Local Government, Clerical, Administrative, Energy, Airlines and Utilities Union RESPONDENT: TAB Limited FILE NUMBER: 5249 of 2003 CORAM: Sams DP CATCHWORDS : Application to vary award - State Wage Case 2003 - wages and allowances - consent of parties - application consistent with State Wage Case Principles - application approved - award varied. LEGISLATION CITED : Industrial Relations Act 1996 CASES CITED : State Wage Case (2003) [2003] NSWIRComm 174 HEARING DATES: 09/30/2003 EXTEMPORE JUDGMENT DATE : 09/30/2003 APPLICATION: Ms F Hancock appeared for the Union LEGAL REPRESENTATIVES: RESPONDENT: Ms M Miotto JUDGMENT: - 1 - INDUSTRIAL RELATIONS COMMISSION OF NEW SOUTH WALES CORAM : SAMS, DP 2 October 2003 Matter No. IRC03/5249 RACECOURSE TOTALISATORS (STATE) AWARD Application by the New South Wales Local Government, Clerical, Administrative, Energy, Airlines and Utilities Union for variation re State Wage Case 2003. DECISION [2003] NSWIRComm 320 1 This is an application, pursuant to s17 of the Industrial Relations Act 1996 (the 'Act') filed by the New South Wales Local Government, Clerical, Administrative, Energy, Airlines and Utilities Union (the 'Union') for the variation of wage rates and allowances in the Racecourse Totalisators (State) Award (313 IG 385)(the 'Award'). 2 At a hearing of the matter on 30 September 2003, Ms F Hancock appeared for the Union. Ms M Miotto appeared for TAB Limited. 3 Ms Hancock submitted that the application dealt with safety net adjustments under the State Wage Case 2003. She said the proposed variation meets all the requirements of the State Wage Case (2003) [2003] NSWIRComm 174 and the relevant provisions of the Act. Ms Hancock tendered an amended table of rates which was marked in the proceedings as Exhibit "1". Ms Miotto consented to the application. 4 Having heard the submissions of the parties and reviewing the documentation, the Commission is satisfied that the proposed variation does not conflict with the State Wage Case Principles and in all other respects is consistent with the relevant provisions of the Act. 5 The Award will be varied in accordance with Ex "1" and the variation will take effect on and from the first full pay period to commence on or after 4 October 2003 and remain in force for a period of 12 months thereafter. 6 The Commission directs that Ausgroup Consulting, named as a party to this Award, be deleted from the party card, as TAB Limited is now the sole respondent to the Award. 7 The proceedings are concluded. Peter J 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.