Industrial Relations Commission of New South Wales CITATION : AWU New South Wales Thoroughbred Racing Board (State) Consolidated Award [2003] NSWIRComm 62 APPLICANT: PARTIES : Australian Workers' Union, New South Wales Branch RESPONDENT: New South Wales Thoroughbred Racing Board FILE NUMBER: 7053 of 2002 CORAM: Sams DP CATCHWORDS : Application to vary award - s 17 of the Act - salaries and allowances - consent of the parties - variation does not offend wage fixing principles - compliance with the Act - variation made. LEGISLATION CITED : Industrial Relations Act 1996 CASES CITED : State Wage Case 2002 114 IR 81 HEARING DATES: 12/20/2002 EXTEMPORE JUDGMENT DATE : 12/20/2002 APPLICANT: Mr M Thistlethwaite, Australian Workers' Union, New South Wales Branch LEGAL REPRESENTATIVES: RESPONDENT: Mr J Brockman, New South Wales Thoroughbred Racing Board JUDGMENT: - 1 - INDUSTRIAL RELATIONS COMMISSION OF NEW SOUTH WALES CORAM : SAMS, DP 11 March 2003 Matter No. IRC02/7053 AWU New South Wales Thoroughbred Racing Board (State) Consolidated Award Application by Australian Workers' Union, New South Wales for variation re monetary rates DECISION ( ex tempore ) [2002] NSWIRComm 62 1 This is an application pursuant to s17 of the Industrial Relations Act 1996 (the "Act") by the Australian Workers Union, New South Wales ("the applicant") for a variation of the AWU New South Wales Thoroughbred Racing Board (State) Consolidated Award (Not yet published) in respect to monetary rates. 2 At a hearing of the matter on 20 December 2002, Mr M Thistlethwaite appeared for the applicant and Mr J Brockman appeared for the New South Wales Thoroughbred Racing Board. 3 Mr Thistlethwaite said that the application deals with increases in salaries and allowances pursuant to cl 13(f) of the Award. This allows for increases based on CPI adjustments from 1 November each year. Mr Thistlethwaite said the proposed variation meets all the requirements of the State Wage Case (2002) 114 IR 81 and the relevant provisions of the Act. He tendered an amended schedule which was marked Exhibit 1 in the proceedings. Mr Brockman consented to the application. 4 At the conclusion of the hearing the Commission issued the following ex tempore decision: By consent, the Commission is prepared to approve the variation of the award in terms of exhibit 1 tendered in the proceedings. I am satisfied the variation complies with provisions of the Industrial Relations Act and the State Wage Case Principles of this Commission. The variation shall take effect from the first full pay period to commence on or after today's date and remain in force for a period of twelve months thereafter. The variation will be published in due course in the Industrial Gazette. 5 The proceedings are 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.