Laundry Employees (State) Award [2008] NSWIRComm 1005

Industrial Relations Commission of New South Wales

CITATION: Laundry Employees (State) Award [2008] NSWIRComm 1005

APPLICANT Australian Workers Union New South Wales

PARTIES: RESPONDENT Australian Business Industrial Australian Federation of Employers & Industries Australian Industry Group, NSW Branch

FILE NUMBER(S): 2072 of 2007

CORAM: Macdonald C

CATCHWORDS: Application for variation of an award - State Wage Case 2007 - s 17 - increases to wages and allowances - application granted - award varied

LEGISLATION CITED: Industrial Relations Act 1996

HEARING DATES: 05/12/07

DATE OF JUDGMENT: 18 January 2008

Australian Workers Union New South Wales - Mr V Falconer LEGAL REPRESENTATIVES: Australian Business Industrial - Ms M Vu Australian Federation of Employers & Industries - Mr B Ferguson

DECISION: INDUSTRIAL RELATIONS COMMISSION OF NEW SOUTH WALES

CORAM: MACDONALD C

18 January, 2008

Matter No IRC 2072 of 2007

Laundry Employees (State) Award

Application by Australian Workers Union New South Wales for variation re State Wage Case 2007

DECISION

[2008] NSWIRComm 1005

1 This is an application pursuant to section 17 of the Industrial Relations Act 1996 ("the Act") filed on 14 November 2007 by the Australian Workers Union New South Wales ("the Union") for variation of an award pursuant to the State Wage Case Decision 2007. 2 The matter was listed for a Consent Hearing on 5 December 2007. The following appearances were entered: Mr V Falconer - the Union Ms M Vu - Australian Business Industrial Mr B Ferguson - Australian Federation of Employers and Industries 3 Mr Falconer spoke to the Application which was filed on 14 November 2007. He advised of discussions with Ms Vu who had raised queries about the correctness of two amounts recorded in Table 2, Other Rates and Allowances: firstly, that the amount of $24.00 for Item 1 should read $23.95; secondly, that the amount of $1.90 for Item 3 should read $1.85. 4 Mr Falconer said that he would take those discussions on board and advise the Commission of his Union's response. His Union also sought an operative date of the first full pay period to commence on or after 5 December 2007. 5 Mr Ferguson advised that his organisation had only received service of the Application today, 5 December 2007. The Application did not list his organisation, nor Australian Business Industrial as Respondents to the Application. Despite that, both organisations were represented in the proceedings before myself. 6 Ms Vu consented to the Union's Application, provided that the Union made the two monetary corrections. 7 On the foregoing basis, the Commission granted the application to vary the Laundry Employees (State) Award ("the Award") - subject to the Union agreeing to Ms Vu's suggested amendments. 8 Subsequently, the Commission received correspondence from Mr Falconer, dated 12 December 2007, in which his Union advised of its agreement to Ms Vu's suggested corrections. Attached to the correspondence was an Amended Application that reflected those monetary changes and added Australian Business Industrial and Australian Federation of Employers and Industries as Respondents. 9 Accordingly, the Commission hereby confirms the Ex Tempore Determination made in this matter on 5 December 2007 and the Award is varied pursuant to the terms contained in the Amended Application. 10 The variation to the Award will take effect from the first full pay period commencing on or after 5 December 2007.