Industrial Relations Commission of New South Wales CITATION : Club Employees (State) Award [2003] NSWIRComm 276 APPLICANT: PARTIES : Australian Liquor, Hospitality and Miscellaneous Workers' Union, New South Wales Branch RESPONDENTS: Registered Clubs Association FILE NUMBER: 4132 of 2003 CORAM: Sams DP CATCHWORDS : Application to vary award - s17 of the Act - allowances - CPI adjustments - Wage Fixing Principles - consent of parties - operative date - compliance with requirements of the Act and State Wage Fixing Principles - award varied. LEGISLATION CITED : Industrial Relations Act 1996 CASES CITED : State Wage Case 2003 [2003] NSWIRComm 174 HEARING DATES: 08/14/2003 DATE OF JUDGMENT: 08/14/2003 APPLICANT: Mr J Barry LEGAL REPRESENTATIVES: RESPONDENT: Mr C Indrele JUDGMENT: - 1 - INDUSTRIAL RELATIONS COMMISSION OF NEW SOUTH WALES CORAM: SAMS, DP 25 August 2003 Matter No. IRC03/4132 CLUB EMPLOYEES (STATE) AWARD Application by the Australian Liquor, Hospitality and Miscellaneous Workers' Union, New South Wales Branch for variation re allowances DECISION [2003] NSWIRComm 276 1 This is an application pursuant to s17 of the Industrial Relations Act 1996 ("the Act"), by the Australian Liquor, Hospitality and Miscellaneous Workers Union, New South Wales Branch ("the Union") to vary the Club Employees (State) Award (319 IG 589) in respect to certain allowances. 2 At a hearing of the matter on 14 August 2003, Mr J Barry appeared for the Union, Mr C Indrele appeared for the Registered Clubs Association of New South Wales. 3 Mr Barry sought approval from the Commission for a variation of the award in terms of an amended Schedule A to the application (Ex "1"). He submitted that the variation provides for a CPI adjustment to certain allowances in accordance with cl.24 of the Award. The respondent consented to the variation. 4 Having heard the submissions of the parties and reviewing the application, I am satisfied that the award variation complies with the requirements of the Act and the principles outlined in the State Wage Case 2003. 5 Accordingly, pursuant to section 17 of the Act, the Club Employees (State) Award is varied in terms of amended Schedule A. The variation shall take effect from the beginning of the first full pay period to commence on or after 14 August 2003, and remain in force for a period of twelve months. 6 These proceedings are formally concluded. Peter Sams Deputy President- 1 - 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.