Industrial Relations Commission of New South Wales CITATION: Restaurant, &c., Employees (State) Award [2007] NSWIRComm 1050 APPLICANT Liquor, Hospitality and Miscellaneous Union, New South Wales Branch PARTIES: RESPONDENT Restaurant and Catering Industry Association of New South Wales Australian Federation of Employers and Industries Australian Business Industrial Australian Industry Group FILE NUMBER(S): 1094 of 2007 CORAM: Macdonald C CATCHWORDS: Application to vary award per State Wage Case 2007 - application granted - award varied LEGISLATION CITED: Industrial Relations Act 1996 CASES CITED: State Wage Case June 2007 HEARING DATES: 09/07/07, 13/07/07 DATE OF JUDGMENT: 13 July 2007 APPLICANT Mr M Hawkins LHMU RESPONDENT Mr D Gillan LEGAL REPRESENTATIVES: Restaurant & Catering Industry Association of New South Wales Mr G Brack Australian Federation of Employers and Industries Ms M Vu Australian Business Industrial DECISION: INDUSTRIAL RELATIONS COMMISSION OF NEW SOUTH WALES CORAM: COMMISSIONER MACDONALD 13 July 2007 Matter No IRC 1094 of 2007 Restaurant, &c., Employees (State) Award Application by the Liquor, Hospitality and Miscellaneous Union, New South Wales Branch for variation re State Wage Case 2007 DECISION [2007] NSWIRComm 1050 1 This Decision is issued further to the Extempore Determination made in this matter during proceedings held on 13 July 2007. 2 On 2 July 2007, the Liquor, Hospitality and Miscellaneous Union, New South Wales Branch (the Union), made application to vary the Restaurant, &c., Employees (State) Award, (the Award). 3 The application for variation to the Award was made pursuant to section 17 of the Industrial Relations Act 1996 (the Act). The application seeks variation to the Award to provide for wage rate and allowance increases in accordance with State Wage Case of June 2007. 4 The matter was listed for consent hearing on 9 July 2007, at which time the following appearances were recorded: · Mr M Hawkins - the Union · Mr D Gillan - Restaurant & Catering Industry Association of New South Wales · Mr G Brack - Australian Federation of Employers and Industries · Ms M Vu - Australian Business Industrial 5 The parties advised that there was no consent at that stage to the Union's application. 6 The matter came before the Commission again on 13 July, at which time the Commission was advised that the matter was to proceed by way of consent. In that regard, the Union handed up an Amended Application during proceedings. 7 Mr Hawkins spoke to the Union's Amended Application. He said that the variation to the Award met the requirements of the principles established by the State Wage Case 2007. Mr Hawkins formally provided, in the Union's application and on the record, the necessary undertakings required by the State Wage Case Principles. 8 The Union sought that the Commission grant the application. 9 The employer organisations advised that the application, as Amended, was by consent. Correspondence was received from Australian Industry Group that it did not oppose the Union's application. 10 The Commission hereby confirms the Ex Tempore Determination made in this matter on 13 July 2007 and the Award is accordingly varied. 11 The variation to the Award will take effect from the first full pay period commencing on or after 24 August 2007. 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.