Industrial Relations Commission of New South Wales CITATION: Aged Care General Services (State) Award - 2006 [2008] NSWIRComm 1103 APPLICANT Health Services Union RESPONDENTS Australian Business Industrial PARTIES: Australian Federation of Employers and Industries Catholic Commission for Employment Relations Aged Care Association of Australia Moran Health Care Group Pty Ltd Service Industry Advisory Group The Australian Industry Group NSW Branch FILE NUMBER(S): 1865 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: 08/10/08 DATE OF JUDGMENT: 8 October 2008 APPLICANT Mr B Coquillon Health Services Union RESPONDENTS Mr B Motro LEGAL REPRESENTATIVES: Australian Business Industrial Ms S Bryant Australian Federation of Employers and Industries Mr P Marchionni Catholic Commission for Employment Relations Ms A Salloum Aged Care Association of Australia DECISION: INDUSTRIAL RELATIONS COMMISSION OF NEW SOUTH WALES CORAM: MACDONALD C 8 October, 2008. Matter No IRC 1865 of 2008 Aged Care General Services (State) Award - 2006 Application by Health Services Union for variation re State Wage Case 2008 DECISION [2008] NSWIRComm 11 1 This is an application pursuant to section 17 of the Industrial Relations Act 1996 ("the Act") filed on 29 September 2008 by the Health Services Union ("the Union") for variation of an award pursuant to the State Wage Case Decision 2008. 2 The matter was listed for a Consent Hearing on 8 October 2008. The following appearances were entered: Mr A Coquillon - the Union Mr B Motro - Australian Business Industrial Ms S Bryant - Australian Federation of Employers and Industries Mr P Marchionni - Catholic Commission for Employment Relations Ms A Salloum - Aged Care Association of Australia 3 Mr Coquillon addressed the Commission on the Union's Application to vary the Aged Care General Services (State) Award - 2006 ("the Award"). The Application sought to vary the Award so as to increase wages and various allowances pursuant to the State Wage Case 2008. 4 Mr Coquillon amended the Application as to Item 3. The Amended Application contained the Union's commitment to absorption of increases should the Commission grant the Union's Amended Application. 5 Three of the four employer organisations present in my courtroom consented to the Amended Application. Ms Bryant for AFEI sought a seven (7) day period in which to check the Union's Application, as AFEI had only received a copy of the Application the day before. This request was opposed by the Union. Mr Coquillon advised that the Application had been sent by overnight express to AFEI on 29 September. The Commission was also advised that AFEI was not the major employer organisation respondent to the Award. 6 In view of the consent to the Application by the three employer organisations (including the major employer organisation), the Commission declined the 7 day request by AFEI. 7 The Commission hereby confirms the Ex Tempore Determination made in this matter on 8 October 2008 and the Award is accordingly varied. 8 The variation to the Award will take effect from the first full pay period commencing on or after 8 October, 2008. 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.