Industrial Relations Commission of New South Wales CITATION : Club Employees (State) Award [2004] NSWIRComm 243 APPLICANT: PARTIES : Australian Liquor, Hospitality and Miscellaneous Workers' Union, New South Wales Branch RESPONDENT: Registered Clubs Association t/as Clubs NSW FILE NUMBER: 4507 of 2004 CORAM: Sams DP CATCHWORDS : Application to vary award - increases in certain rates and allowances based on CPI adjustments - relevant Award provision - consent of parties - State Wage Case Principles - application granted. LEGISLATION CITED : Industrial Relations Act 1996 CASES CITED : State Wage Case 2004 [2004] NSWIRComm 148 HEARING DATES: 08/11/2004 EXTEMPORE JUDGMENT DATE : 08/11/2004 APPLICANT: Mr C Acev, Australian Liquor, Hospitality and Miscellaneous Workers Union, New South Wales Branch LEGAL REPRESENTATIVES: RESPONSDENT: Ms S Schmitke, Registered Clubs Association t/as Clubs NSW Ms T Castles, McCarthy Ausgroup Pty Ltd JUDGMENT: - 1 - INDUSTRIAL RELATIONS COMMISSION OF NEW SOUTH WALES CORAM: SAMS, DP 19 August 2004 Matter No. IRC04/4507 CLUB EMPLOYEES (STATE) AWARD Application by the Australian Liquor, Hospitality and Miscellaneous Workers' Union, New South Wales Branch for variation re rates and allowances DECISION ( ex tempore ) [2004] NSWIRComm 243 1 This is an application, pursuant to s17 of the Industrial Relations Act 1996 (the 'Act'), filed 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) ('the Award') to give effect to an Award provision to vary certain rates and allowances in accordance with movements in the Consumer Price Index (CPI). 2 At a hearing of the matter on 11 August 2004, Mr C Acev appeared for the Union, Mr S Schmitke appeared for the Registered Clubs Association and Ms T Castles from McCarthy Ausgroup Pty Ltd appeared for a number of other named clubs. 3 Mr Acev sought approval of the Commission for a variation of the Award in terms of an amended Schedule A to the application (Ex "1"). Clause 24 of the Award provides for the six monthly adjustment of allowances in accordance with movements in the CPI. Having checked the figures in Exhibit 1, Mr Schmitke and Ms Castles consented to the application. 4 In view of the consent of the parties and the requirements of the relevant section of the Award, I propose to grant the variation pursuant to s17 of the Act, such as to increase rates and allowances that have been checked and agreed upon between the parties and which are contained in Ex "1" in the proceedings. I am satisfied that the Award variation complies with all of the requirements of the Act and the Principles contained in the State Wage Case 2004 [2004] NSWIRComm 148. 5 Accordingly, pursuant to section 17 of the Act, the Club Employees (State) Award will be varied in terms of Exhibit 1. The variation shall take effect from 11 August 2004, and remain in force for a period of twelve months. 6 These proceedings are formally concluded. Peter J Sams, AM 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.