Industrial Relations Commission of New South Wales CITATION: Fresenius Medical Care Australia Pty Ltd (Smithfield) Site Enterprise Award 2005-2006 [2008] NSWIRComm 1083 Australisn Workers Union PARTIES: Fresenius Medical Care Australia Pty Ltd FILE NUMBER(S): 693 of 2008 CORAM: Macdonald C CATCHWORDS: Award Review - s19 of the Act - award reviewed LEGISLATION CITED: Industrial Relations Act 1996 CASES CITED: Principles for Review of Awards - State Decision (1998) 85 IR 38 HEARING DATES: 15/08/08 DATE OF JUDGMENT: 15 August 2008 Mr V Falconer Australian Workers' Union DECISION: INDUSTRIAL RELATIONS COMMISSION OF NEW SOUTH WALES CORAM: MACDONALD C 7 October, 2008. Matter No IRC 1803 of 2008 Pet Food Manufacturers (State) Award Application by The National Union of Workers, New South Wales Branch for variation re State Wage Case 2008 DECISION [2008] NSWIRComm 1091 1 This is an application pursuant to section 17 of the Industrial Relations Act 1996 ("the Act") filed on 23 September 2008 by The National Union of Workers, New South Wales Branch ("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 7 October 2008. The following appearances were entered: Mr N Richthofen - the Union Mr A Doyle - Australian Federation of Employers and Industries Mr A Moulton - Australian Business Industrial 3 Mr Richthofen addressed the Commission on the Union's Application to vary the Pet Food Manufacturers (State) Award ("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 Richthofen amended the Application as to item 4. The Amended Application contained the Union's commitment to absorption of increases should the Commission grant the Union's Amended Application. 5 The various employer organisations consented to the Amended Application. 6 The Commission hereby confirms the Ex Tempore Determination made in this matter on 7 October 2008 and the Award is accordingly varied. 7 The variation to the Award will take effect from the first full pay period commencing on or after 11 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.