Industrial Relations Commission of New South Wales CITATION: Malthouses (State) Award [2007] NSWIRComm 1041 APPLICANT Liquor, Hospitality and Miscellaneous Union, New South Wales Branch PARTIES: RESPONDENT Australian Business Industrial Australian Industry Group FILE NUMBER(S): 1093 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 of June 2007 HEARING DATES: 09/07/07 DATE OF JUDGMENT: 9 July 2007 APPLICANT Liquor, Hospitality and Miscellaneous Union, New South Wales Branch LEGAL REPRESENTATIVES: RESPONDENT Ms M Vu Australian Business Industrial DECISION: - 3 - INDUSTRIAL RELATIONS COMMISSION OF NEW SOUTH WALES CORAM: COMMISSIONER MACDONALD 9 July 2007 Matter No IRC 1093 of 2007 Malthouses (State) Award Application by Liquor, Hospitality and Miscellaneous Union, New South Wales Branch for variation re State Wage Case 2007 DECISION [2007] NSWIRComm 1041 1 This Decision is issued further to the Extempore Determination made in this matter during proceedings held on 9 July 2007. 2 On 2 July 2007, the Liquor, Hospitality and Miscellaneous Union, New South Wales Branch (the Union), made application to vary the Malthouses (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 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 · Ms M Vu - Australian Business Industrial 5 There was no appearance by Australian Industry Group (AIG). My office made contact with that organisation on 5 July by way of facsimile transmission. My office was advised that AIG was not opposed to the application. 6 Mr Hawkins spoke to the Union's Amended application handed up during the proceedings. He advised that the two employer parties had been notified of the Union's 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. 7 The Union sought that the Commission grant the application. 8 Ms Vu advised that the application, as Amended, was by consent. 9 The Commission hereby confirms the Ex Tempore Determination made in this matter on 9 July 2007 and the Award is accordingly varied. 10 The variation to the Award will take effect from the first full pay period commencing on or after 11 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.