Industrial Relations Commission of New South Wales CITATION: Brick and Paver Industry (State) Award and Other Awards [2008] NSWIRComm 1099 APPLICANT Federated Brick Tile and Pottery Industrial Union of Australia, New South Wales Branch PARTIES: RESPONDENT Australian Federation of Employers and Industries Australian Business Industrial FILE NUMBER(S): 1756 of 2008 CORAM: Macdonald C CATCHWORDS: Application for variation of an award - State Wage Case 2008 - section 17 - increases to wages and allowances - application granted - award varied LEGISLATION CITED: Industrial Relations Act 1996 HEARING DATES: 24/09/08 DATE OF JUDGMENT: 24 September 2008 APPLICANT Mr Stiff Federated Brick Tile and Pottery Industrial Union of Australia LEGAL REPRESENTATIVES: RESPONDENTS Ms Keating Australian Federation of Employers and Industries Mr M Whitbread Australian Business Industrial DECISION: INDUSTRIAL RELATIONS COMMISSION OF NEW SOUTH WALES CORAM: MACDONALD C 24 September, 2008 Matter No IRC 1756 of 2008 Brick and Paver Industry (State) Award and Other Awards Application by Federated Brick Tile and Pottery Industrial Union of Australia, New South Wales Branch for variation re State Wage Case 2008 DECISION [2008] NSWIRComm 1099 1 This is an application pursuant to section 17 of the Industrial Relations Act 1996 ("the Act") filed on 16 September 2008 by the Federated Brick Tile and Pottery Industrial Union of Australia, New South Wales Branch ("the Union") for variation of four awards pursuant to the State Wage Case Decision 2008. 2 The matter was listed for a Consent Hearing on 24 September 2008. The following appearances were entered: Mr S Stiff - the Union Ms Keating - Australian Federation of Employers and Industries Mr M Whitbread - Australian Business Industrial 3 The Commission had before it, an Application to vary four named awards: Brick and Paver Industry (State) Award; Pottery Industry (State) Award; Roofing Tile Makers (State) Award; and Refractory Industry (State) Award. 4 Mr Stiff addressed the Commission on the Union's Application to vary the four above named awards. The Application sought to vary the four above named awards so as to increase wages and various allowances pursuant to the State Wage Case 2008. 5 Mr Stiff amended the Application on the record as to the operative date. The Application contained the Union's commitment to absorption of increases should the Commission grant the Union's Amended Application. 6 Due to a number of queries raised by the Respondents about the Application, the Union volunteered to re-submit an updated Application at a later date. This was duly done. The Commission subsequently received correspondence from the Respondents advising of their consent. 7 The Commission hereby confirms the Ex Tempore Determination made in this matter on 24 September 2008 and the four named awards are accordingly varied. 8 The variation to the four named awards will take effect from the first full pay period commencing on or after 17 January 2009. A Macdonald Commissioner 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.