Industrial Relations Commission of New South Wales CITATION: Local Government (Electricians) State Award [2005] NSWIRComm 176 Electrical Trades Union of Australia, NSW Branch PARTIES: NSW Local Government, Clerical, Administrative, Energy, Airlines & Utilities Union Local Government and Shires' Association of New South Wales FILE NUMBER(S): IRC 2410 of 2005 CORAM: Harrison DP CATCHWORDS: Application for variation re clause 39 Superannuation - variation required to comply with changes to superannuation legislation - provision for salary sacrifice for superannuation purposes - Award varied LEGISLATION CITED: Industrial Relations Act 1996 HEARING DATES: 05/19/2005 DATE OF JUDGMENT: 05/30/2005 APPLICANT Mr S Robinson (ETU) LEGAL REPRESENTATIVES: RESPONDENT Mr R Nassif (LGSA) JUDGMENT: - 2 - INDUSTRIAL RELATIONS COMMISSION OF NEW SOUTH WALES CORAM: HARRISON DP 30 May 2005 Matter No IRC 2410 of 2005 LOCAL GOVERNMENT (ELECTRICIANS) STATE AWARD Application by the Electrical Trades Union of Australia, NSW Branch for variation re clause 39 Superannuation DECISION [2005] NSWIRComm 176 1 This is an application filed on 12 May 2005 by the Electrical Trades Union of Australia, New South Wales Branch ('ETU') for variation to cl 39, Superannuation of the Local Government (Electricians) State Award ("the Award") 317 IG 519. 2 The matter was subject to hearing on 19 May 2005. 3 Mr S Robinson appeared on behalf of the ETU. Mr R Nassif appeared on behalf of the Local Government and Shires Association of New South Wales (LGSA) and the New South Wales Local Government, Clerical, Administrative, Energy, Airlines & Utilites Union (USU). 4 Mr Robinson submitted that the ETU sought variations to the Award, as detailed in the application, which are required to comply with changes to superannuation legislation commencing July 1 2005 and to allow for salary sacrifice for superannuation purposes. 5 The application was amended by consent in terms of Exhibit 1 which corrected the arrangement of the variation within the award without altering the substance of the application. 6 Mr Nassif concurred with the submission of Mr Robinson and expressed the consent of the respondents to variation of the award in the terms sought. 7 I am satisfied that the variation subject to hearing in this matter meets the requirements of the legislation and the Award is appropriately varied by consent of the parties as amended by Exhibit 1 with effect from 19 May 2005. oo0oo 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.