Industrial Relations Commission of New South Wales CITATION : Breeding and Raising of Pigs (State) Award and other AWU Awards [2004] NSWIRComm 248 APPLICANT: Australian Workers' Union, New South Wales PARTIES : RESPONDENTS: Australian Industry Group Employers First Australian Business Industrial FILE NUMBER: 3856 of 2004 CORAM: Sams DP CATCHWORDS : Application to vary awards - various awards - monetary rates and allowances - CPI adjustments - consent of parties - State Wage Case Principles - application granted - awards varied. LEGISLATION CITED : Industrial Relations Act 1996 s17 CASES CITED : State Wage Case 2004 [2004] NSWIRComm 148 HEARING DATES: 07/26/2004 EXTEMPORE JUDGMENT DATE : 07/26/2004 APPLICANT: Mr J Clements, Australian Workers' Union, New South Wales LEGAL REPRESENTATIVES: RESPONDENTS: Ms S Docking, Australian Industry Group Mr J Corbett, Employers First Ms R Lesiw, Australian Business Industrial JUDGMENT: - 1 - INDUSTRIAL RELATIONS COMMISSION OF NEW SOUTH WALES CORAM: SAMS, DP 31 August 2004 Matter No. IRC04/3856 BREEDING AND RAISING OF PIGS (STATE) AWARD AND OTHER AWU AWARDS Application by the Australian Workers' Union, New South Wales for variation re State Wage Case 2004 DECISION ( Ex Tempore ) [2004] NSWIRComm 248 1 This is an application pursuant to s17 of the Industrial Relations Act 1996 ('the Act'), filed by the Australian Workers' Union, New South Wales ('the applicant') to vary the Breeding and Raising of Pigs, &c., Employees (State) Award 326 IG 371, the Cotton Ginning, &c., Employees (State) Award Not yet published, the Cotton Growing, &c., Employees (State) Award 323 IG 565, the Dairying Industry Employees (State) Award 324 IG 474, the Fish and Fish Marketing (State) Consolidated Award 320 IG 1139, the Fruit Packing Houses Employees (State) Award 320 IG 31, the Horticultural Industry (State) Consolidated Award 344 IG 412, the Mushroom Industry Employees (State) Award 342 IG 153, the Oyster Farms, &c. (State) Award 324 IG 757, the Poultry Farm Employees (State) Award 323 IG 1069, the Poultry Industry Livestock (State) Award 331 IG 93 the Sugar Field Workers (State) Consolidated Award Employees (State) Award 323 IG 64 and the Wine Industry Consolidated (State) Award 319 IG 1065 ('the Awards') to give effect to the wage increases available pursuant to the State Wage Case 2004 [2004] NSWIRComm 148, to increase expense related allowances by movements in the CPI and to vary work related allowances by 3.5 per cent. 2 At a hearing of the matter on 14 July 2004, Mr J Clements appeared for the Australian Workers' Union, New South Wales, Mr J Corbett for Employers First, Ms S Docking for Australian Industry Group and Ms Lesiw (Solicitor) for Australian Business Industrial. 3 Mr Clements sought the approval of the Commission for a variation of the Awards in terms of an amended schedule to the application marked as Exhibit 1 in the proceedings. The employer representatives consented to the applications relevant to each of their organisations. 4 Having heard the submissions of Mr Clements and in view of the consent of all the relevant employer parties, I am satisfied that the proposed variations to the Awards comply with the requirements of the Act and the principles outlined in the State Wage Case 2004. 5 Accordingly, pursuant to s17 of the Act, the Awards are varied in terms of Exhibit 1 in the proceedings. The variations to each of the Awards will have different operative dates in accordance with the twelve month period from the last State Wage Case adjustment and shall remain in force for a period of twelve months. The various dates are referred to in Schedule A of Exhibit 1. 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.