Industrial Relations Commission of New South Wales CITATION : Racecourse Totalisators (State) Award [2004] NSWIRComm 315 PARTIES : APPLICANT: New South Wales Local Government, Clerical, Administrative, Energy, Airlines and Utilities Union FILE NUMBER: 5821 of 2004 CORAM: Sams DP CATCHWORDS : Appliation to vary award - wage rates - consent of the parties - State Wage Case Principles - "lagging" award - operative date - application granted - award varied LEGISLATION CITED : Industrial Relations Act 1996 CASES CITED : State Wage Case 2003 [2003] NSWIRComm 174 HEARING DATES: 10/11/2004 EXTEMPORE JUDGMENT DATE : 10/11/2004 APPLICANT: Ms L Fraser, United Services Union LEGAL REPRESENTATIVES: RESPONDENT: Ms K Adams, TAB Limited JUDGMENT: - 2 - INDUSTRIAL RELATIONS COMMISSION OF NEW SOUTH WALES CORAM: SAMS, DP 18 October 2004 Matter No. IRC04/5821 RACECOURSE TOTALISATORS (STATE) AWARD Application by the New South Wales Local Government, Clerical, Administrative, Energy, Airlines & Utilities Union for variation re State Wage Case 2004 DECISION ( Ex Tempore ) [2004] NSWIRComm 315 1 This is an application pursuant to s17 of the Industrial Relations Act 1996 ('the Act'), filed by the New South Wales Local Government, Clerical, Administrative, Energy, Airlines & Utilities Union ('the Union) to vary the Racecourse Totalisators (State) Award 313 IG 385 ('the Award') to give effect to the wage increases available pursuant to the State Wage Case 2003 [2003] NSWIRComm 174. 2 At the hearing of the application on 11 October 2004, Ms L Fraser appeared for the Union and Ms K Adams appeared for TAB Limited. Ms Fraser sought the approval of the Commission for a variation of the Award in terms of an amended schedule to the application marked as Exhibit 1 in the proceedings. The respondent consented to the variation, save for the operative date. 3 Having heard the submissions of Ms Fraser and in view of the consent of the respondent, I am satisfied that the proposed variation to the Award complies with the requirements of the Act and the principles outlined in the State Wage Case 2004, although I do express my concern that this Award remains a "lagging" award and that the State Wage Case 2004 adjustments are now available to most workers under NSW awards. 4 Nevertheless, pursuant to s17 of the Act, the Award is varied in terms of Exhibit 1 in the proceedings. The variation shall take effect from the first full pay period, to commence on or after 4 October 2004 5 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.