Industrial Relations Commission of New South Wales CITATION : Australian Jockey Club - Electrical and Plumbing Enterprise Award 2002 [2003] NSWIRComm 247 APPLICANT Australian Jockey Club PARTIES : RESPONDENTS Electrical Trades Union, New South Wales Branch New South Wales Plumbers and Gasfitters Employees' Union FILE NUMBER: 2265 of 2003 CORAM: Sams DP CATCHWORDS : Application for a new Award - s 10 of the Act - racing industry - wage increases - s 19 of the Act complied with - consent of parties - award does not offend wage fixing principles - compliance with the requirements of the Act - rescission of former award - award made. LEGISLATION CITED : Industrial Relations Act 1996 State Wage Case 2002, 114 IR 81 CASES CITED : AWARDS Electricians &c. (State) Award Building Employees Mixed Enterprise (State) Award Australian Jockey Club - Electrical and Plumbing Enterprise Award 2000 (327 IG 1168) HEARING DATES: 05/20/2003 EXTEMPORE JUDGMENT DATE : 05/20/2003 APPLICANT Mr R Hutchinson, Employers First LEGAL REPRESENTATIVES: RESPONDENTS Mr B Riordan, Electrical Trades Union, New South Wales Branch and for New South Wales Plumbers and Gasfitters Employees Union JUDGMENT: - 3 - INDUSTRIAL RELATIONS COMMISSION OF NEW SOUTH WALES CORAM : SAMS, DP 20 May 2003 Matter No. IRC03/2265 AUSTRALIAN JOCKEY CLUB - ELECTRICAL AND PLUMBING ENTERPRISE AWARD 2002 Application by the Australian Jockey Club for a new award EX TEMPORE DECISION [2003] NSWIRComm 247 1 This is an application, pursuant to section 10 of the Industrial Relations Act 1996, ("the Act") filed on 23 April 2003 by Employers First, on behalf of the Australian Jockey Club, for a new award to be known as the Australian Jockey Club - Electrical and Plumbing Enterprise Award 2002. 2 At the hearing of the matter on 20 May 2003, Mr R Hutchinson from Employers First appeared for the applicant and Mr B Riordan from the Electrical Trades Union, New South Wales Branch appeared for that Union and the New South Wales Plumbers and Gasfitters Employees Union. 3 The award provides for two wage increases of 3.5% on 19 September 2002 and 19 September 2003 for six employees covered by the application and the award shall be read in conjunction with the parent awards referred to in cl 4, namely the Electricians &c. (State) Award and the Building Employees Mixed Enterprise (State) Award. The award has been accepted at meetings of the employees covered by the award. 4 I am satisfied that the award is section 19 compliant. Therefore, this award need not be reviewed for a period of three years hereafter assuming it is not replaced at its proposed expiry date. 5 In all other respects, the Commission is satisfied that the application meets all the requirements of the Act and the State Wage Case (2002). The Commission is further satisfied that the award has industrial merit. 6 Having heard the submissions of the parties and reviewing the documentation which has been filed, the Commission is satisfied that it is appropriate to make a new award to be known as Australian Jockey Club - Electrical and Plumbing Enterprise Award 2002 in terms of the schedule attached to the application, save for the replacement page 16 tendered in the proceedings. I note the amendments to the tables attached to the award. The award will be made pursuant to s 10 of the Act. 7 The award rescinds and replaces the Australian Jockey Club - Electrical and Plumbing Enterprise Award 2000 (327 IG 1168) made on 1 March 2001, which expired on 1 March 2003. A separate order of rescission will be made from today's date in respect of that award. 8 The award will apply on and from today's date and remain in force until 19 September 2004. 9 The proceedings are concluded. Peter Sams Deputy President INDUSTRIAL RELATIONS COMMISSION OF NEW SOUTH WALES CORAM : SAMS, DP 20 May 2003 Matter No. IRC03/2265 AUSTRALIAN JOCKEY CLUB - ELECTRICAL AND PLUMBING ENTERPRISE AWARD 2002 Application by Australian Jockey Club for rescission of the Award ORDER OF RESCISSION Pursuant to the decision in this matter given on 20 May 2003, the Commission orders that the Australian Jockey Club - Electrical and Plumbing Enterprise Award 2000 (327 IG 1168) as varied, be rescinded on and from 20 May 2003. 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.