Industrial Relations Commission of New South Wales CITATION : Nursing Homes &c., Nurses' (State) Award, Re (No 3) [2004] NSWIRComm 263 PARTIES : New South Wales Nurses' Association, Aged and Community Services Association of New South Wales and ACT Incorporated, Australian Nursing Homes & Extended Care Association (NSW), Australian Business Industrial, Catholic Commission for Employment Relations and Service Industry Advisory Group FILE NUMBER: IRC 3069 and IRC 3870 of 2003 CORAM: Wright J President; Sams DP; Boland J; Bishop C CATCHWORDS : Award - Special case - Interim increase sought - Wage fixation - Application for interim increase partly by consent - Position of parties - Principles for making interim awards - Application granted - Award varied. CASES CITED : Australian Liquor, Hospitality and Miscellaneous Workers' Union, New South Wales Branch and Employers First [2002] NSWIRComm 207 Public Hospital Nurses' (State) Award (2002) 115 IR 183 HEARING DATES: 08/30/2004; 08/31/2004; 09/01/2004; 09/02/2004 EXTEMPORE JUDGMENT DATE : 09/02/2004 PARTIES: Ms C M Howell of counsel and Mr N Dawson of counsel New South Wales Nurses' Association Mr A T Britt of counsel LEGAL REPRESENTATIVES: Aged and Community Services Association of New South Wales and ACT Incorporated Australian Nursing Homes and Extended Care Association (NSW) Australian Business Industrial Catholic Commission for Employment Relations Service Industry Advisory Group JUDGMENT: INDUSTRIAL RELATIONS COMMISSION OF NEW SOUTH WALES FULL BENCH CORAM: WRIGHT J, President SAMS DP BOLAND J BISHOP C Thursday 2 September 2004 Matter No IRC 3069 of 2003 NURSING HOMES &c., NURSES' (STATE) AWARD Application by the New South Wales Nurses' Association to vary award re salaries and other matters Matter No IRC 3870 of 2003 NURSING HOMES &c., NURSES' (STATE) AWARD Application by the Aged and Community Services Association of New South Wales Inc and others for variation re nurses award published 22 January 2004 DECISION OF THE COMMISSION Extempore [2004] NSWIRComm 263 1 We have concluded hearing the fourth day of the very substantial submissions of the parties in these proceedings, although we have accepted the request of the Nurses' Association that it be permitted to make the substantial part of its submissions in reply in writing. 2 There is however one matter in respect of which there is substantial agreement in principle, no doubt in part because the parties understand that their substantial submissions will require detailed consideration by the Full Bench. 3 The agreement in principle is that it would be appropriate for the Commission to grant a further interim increase in the particular circumstances of these proceedings and the interim increase should be operative from the first pay period to commence on or after 27 August 2004, such operative date being without prejudice to the union's submissions as to retrospectivity. 4 The differences between the parties are: (1) the quantum of any interim increase; and (2) whether any increase granted should be uniform between the classifications. Specifically the employers argue that any increase should be lower in percentage terms for Assistants In Nursing than it should be for Registered Nurses and Enrolled Nurses. 5 We consider that in the light of the common ground between the parties, the special circumstances of the case before us and the principles as to interim awards we should grant an interim increase at this stage of these proceedings. 6 We determine that there should be an interim increase for all classifications of five per cent operative from the first pay period to commence on or after 27 August 2004. We have of course determined the amount of the increase, with regard to the relevant principle, that the quantum awarded on an interim basis should not be such as to "embarrass the final result" of the award proceedings: see, for example, Public Hospital Nurses' (State) Award (2002) 115 IR 183 at [35] and Australian Liquor, Hospitality and Miscellaneous Workers' Union, New South Wales Branch and Employers First [2002] NSWIRComm 207 at [16]. 7 [The Full Bench then made directions as to the filing of relevant documentation by the New South Wales Nurses' Association.] _______________________________ 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.