Industrial Relations Commission of New South Wales CITATION : Aged Care Industry Broken Hill Award [2004] NSWIRComm 220 APPLICANT: PARTIES : Broken Hill Town Employees' Union RESPONDENT: Aged and Community Services Association of New South Wales and Australian Capital Territory Inc. FILE NUMBER: 3859, 3871 of 2004 CORAM: Sams DP CATCHWORDS : Application to vary award - aged care industry - monetary rates and allowances - salary packaging - s19 compliant - consent of parties - State Wage Case Principles - applications granted - award varied effective from 8 August 2004. LEGISLATION CITED : Industrial Relations Act 1996 ss17 and 19 State Wage Case 2004 [2004] NSWIRC148 CASES CITED : AWARDS: Aged Care Industry Broken Hill Award 326 IG 255 HEARING DATES: 07/26/2004 EXTEMPORE JUDGMENT DATE : 07/26/2004 APPLICANT: Ms R Ferry from the Broken Hill Town Employees' Union LEGAL REPRESENTATIVES: RESPONDENT: Mr C Frize from the Aged and Community Services Association of New South Wales and Australian Capital Territory Inc. JUDGMENT: - 2 - INDUSTRIAL RELATIONS COMMISSION OF NEW SOUTH WALES CORAM : SAMS, DP 3 August 2004 Matter No. IRC04/3859 AGED CARE INDUSTRY BROKEN HILL AWARD Application by the Broken Hill Town Employees' Union for variation of an award re salary packaging Matter No.IRC04/3871 AGED CARE INDUSTRY BROKEN HILL AWARD Application by the Broken Hill Town Employees' Union for variation of an award DECISION ( Ex tempore ) NSWIRComm 220 1 These are two applications, pursuant to ss17 and 19 of the Industrial Relations Act 1996 ('the Act') filed by the Broken Hill Town Employees' Union ('the applicant') to vary the Aged Care Industry Broken Hill Award (326 IG 255) in respect to salary packaging and to give effect to wage increases available pursuant to the State Wage Case 2004 [2004] NSWIRC148. At a hearing of the matter (via telephone conference) on 26 July 2004, Ms R Ferry appeared for the applicant and Mr C Frize represented the Aged and Community Services Association of NSW and ACT Inc ('the respondent'). 2 Ms Ferry said that the application concerning salary packaging was the culmination of negotiations between the Aged and Community Services Association and the Union. Consent had been achieved for a variation to the Award, which will allow employees access to new arrangements for salary packaging. Ms Ferry and Mr Frize agreed that the proposed variations meet all the requirements of the State Wage Fixing Principles and the relevant provisions of the Act. At the conclusion of the hearing the Commission issued the following ex tempore decision: I shall vary the Award with the consent of the parties to apply from the first full pay period to commence on or after 8 August 2004, and for it to remain in force for a period of twelve months thereafter. I would also make a finding that the Award has been appropriately reviewed pursuant to s19 and as a consequence, this Award need not be reviewed for a further three years. With the consent of the parties, the Award will be varied to give effect to the State Wage Case 2004. I am satisfied that the principles have been appropriately complied with and all the other relevant sections of the Act have been attended to, I shall make the variation to the rates and allowances appearing in schedule A to the application and those rates and allowances shall apply from the first full pay period to commence on or after 8 August 2004, and remain in force for a period of twelve months hereafter. 3 Proceedings in both matters are now 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.