Industrial Relations Commission of New South Wales CITATION: Printing Industry (State) Award [2008] NSWIRComm 1037 Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union. Australian Business Industrial PARTIES: Australian Industry Group Printing Industry Association of Australia FILE NUMBER(S): 1635 of 2007 CORAM: Macdonald C CATCHWORDS: Award Review - s19 of the Act - s17 application - Secure Employment Test Case - consent of the parties - award changes - award reviewed LEGISLATION CITED: Industrial Relations Act 1996 CASES CITED: Principles for Review of Awards - State Decision (1998) 85 IR 38 HEARING DATES: 16/01/08 DATE OF JUDGMENT: 16 January 2008 Mr A Nielson Automotive, Food, Metals, Engineering, Printing & Kindred Industries Union Ms C Fielding Australian Business Industrial Ms S Marriott Australian Federation of Employers and Industries DECISION: - 1 - INDUSTRIAL RELATIONS COMMISSION OF NEW SOUTH WALES CORAM: MACDONALD C 16 January 2008 Matter No IRC 1635 of 2007 Printing Industries (State) Award Notice of Award Review pursuant to section 19 of the Industrial Relations Act 1996 DECISION [2008] NSWIRComm 1037 1 This Decision arises from a notice of review generated on 17 September 2007 by the Industrial Registrar, pursuant to s 19 of the Industrial Relations Act 1996 ("the Act"). 2 This file was listed before myself on 26 November and 12 December 2007. 3 The file was set down for a Consent Hearing on 16 January 2008. At that hearing Mr Neilson appeared for the Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union; Mr Marriott appeared for the Australian Federation of Employers and Industries; and Ms Fielding appeared for Australian Business Industrial. 4 The purpose of the Award Review process was set out in the decision of the Full Bench of the Industrial Relations Commission of New South Wales in the Principles For Review of Awards - State Decision (1998) 85 IR 38. The Full Bench stated that the purpose of the Award Review process, pursuant to s 19 of the Act, has a stated and limited purpose - namely "to modernise awards, to consolidate awards relating to the same industry and to rescind obsolete awards." 5 Arising out of proceedings before myself, Mr Neilson filed a s17 application which sets out the incorporation of the Secure Employment Test Case Decision and a list of proposed changes to the Award to be reviewed: Printing Industries (State) Award. 6 Messrs Marriott and Fielding gave their consent to the s17 application. Mr Watson of the Printing Industry Association of Australia communicated his organisation's consent via Mr Neilson and in a telephone message to my office. 7 The Commission issued an Ex Tempore decision advising that the award in question would be marked "Award Reviewed" (having regard to the Principles for Review of Awards) and this Decision confirms that Ex Tempore decision. 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.