Industrial Relations Commission of New South Wales CITATION : Australian Jockey Club Track Maintenance and Ancillary Staff Royal Randwick Award 2001 [2001] NSWIRComm 191 PARTIES : Employers First Australian Workers Union (New South Wales Branch) FILE NUMBER: 4393 of 2001 CORAM: Sams DP CATCHWORDS : Application for a new award - award conforms with State Wage Case Principles and meets the requirements of the Act - wage increases - award made LEGISLATION CITED : Industrial Relations Act 1996 CASES CITED : State Wage Case 2001 (unreported, Wright P, Walton VP, Hungerford J, Sams DP, Boland J and McKenna C, IRC3025 of 2001, 31 May 2001) Principles for Review of Awards - State Decision 1998 (85 IR 38) HEARING DATES: 06/03/2001 DATE OF JUDGMENT: 07/06/2001 APPLICANT Ms T Marshall Employers First LEGAL REPRESENTATIVES: RESPONDENT Mr M Taylor Australian Workers Union (New South Wales Branch) JUDGMENT: INDUSTRIAL RELATIONS COMMISSION OF NEW SOUTH WALES CORAM : SAMS, DP 6 July 2001 Matter No. IRC01/4393 AUSTRALIAN JOCKEY CLUB TRACK MAINTENANCE AND ANCILLARY STAFF ROYAL RANDWICK AWARD 2001 Application by Employers First for a new Award. D E C I S I O N [2001] NSWIRComm191 1 This is an application, for a new award, pursuant to s10 of the Industrial Relations Act, 1996 ("the Act"), filed by Employers First on behalf of the Australian Jockey Club ("the applicant"), entitled the Australian Jockey Club Track Maintenance and Ancillary Staff Royal Randwick Award 2001. 2 At a mention of the matter on 3 July 2001, Ms T Marshall appeared for the applicant and Mr M Taylor represented the Australian Workers Union, New South Wales Branch. 3 At the request of the parties, I agreed to convert the mention to a consent hearing. 4 Ms Marshall sought approval of the Commission for a new Award in terms of Schedule B, attached to the application (Exhibit 1). She submitted that the application proceeds by consent, complies with the requirements of the Act and does not offend State Wage Case Principles. Ms Marshall requested that the Award take effect from the first full pay period to commence on and from 3 July 2001 and remain in force for a period of twenty-seven (27) months. The Commission proposed a number of technical amendments be made to Exhibit 1, and Ms Marshall gave an undertaking to provide an amended application reflecting such changes within 72 hours. 5 Mr Taylor consented to the application and agreed to the amendments proposed by the Commission. 6 The Commission received the amended application on 6 July 2001. 7 Having heard the submissions of the parties and reviewing the amended document, the Commission, pursuant to s10 of the Act, makes the proposed Award in terms of Exhibit 1, as amended, consistent with the Enterprise Arrangements Principle of the State Wage Case Principles. The application proceeds by consent and I am satisfied that it's terms and conditions do not otherwise offend the current Wage Fixing Principles and meets all the requirements of the Act. The Commission will make the award having particular regard for its industrial merit and the desire of the parties. The award shall apply to employees of the Australian Jockey Club at Royal Randwick within the jurisdiction of the Race Club Employees (State) Conciliation Committee, and motor mechanics and dirt track employees. 8 The Commission has considered the new Award in the context of s19 of the Act and the Full Bench's Principles for Review of Awards (85 IR 38). I am satisfied that the new Award meets the requirements of s19 and the Full Bench's decision. Accordingly, the Commission gives notice to the parties and the Registrar that I regard this Award as having been reviewed in accordance with the requirements of the Act. Should a notice of review be generated and allocated to me, I intend, unless there is an objection, to certify, in chambers, that the review process has been completed. A further review is therefore unnecessary for three (3) years. 9 Accordingly, the Australian Jockey Club Track Maintenance and Ancillary Staff Royal Randwick Award 2001, is approved to operate on the first full pay period to commence on and from 3 July 2001, and shall remain in force for a period of twenty seven (27) months. 10 The new award replaces and rescinds the Australian Jockey Club Track Maintenance and Ancillary Staff Royal Randwick Award 1999 (312 IG 633). An order of rescission is made consistent with this decision, effective from 3 July 2001. 11 These proceedings are formally 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.