Industrial Relations Commission of New South Wales CITATION: Daracon Engineering Pty Ltd - Newcastle BHP Steelworks Enterprise Consent Award [2008] NSWIRComm 1012 Daracon Engineering Pty Ltd PARTIES: Australian Industry Group, New South Wales Branch Australian Workers Union, New South Wales FILE NUMBER(S): 1627 of 2007 CORAM: Macdonald C CATCHWORDS: Award Review - s 19 of the Act - consent of the parties - award reviewed and rescinded LEGISLATION CITED: Industrial Relations Act 1996 CASES CITED: Principles for Review of Awards - State Decision (1998) 85 IR 38 HEARING DATES: 26/11/07 DATE OF JUDGMENT: 25 January 2008 Mr S Crawford Australian Workers Union, Greater New South Wales DECISION: INDUSTRIAL RELATIONS COMMISSION OF NEW SOUTH WALES CORAM: MACDONALD C 25 January 2008 Matter No IRC 1627 of 2007 Daracon Engineering Pty Ltd - Newcastle BHP Steelworks Enterprise Consent Award - Notice of Award Review pursuant to section 19 of the Industrial Relations Act 1996 DECISION [2008] NSWIRComm 1012 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"). The award subject to the notice of review is the Daracon Engineering Pty Ltd - Newcastle BHP Steelworks Enterprise Consent Award ("the Award"). 2 The Commission received correspondence from Australian Industry Group (dated 22 November 2007) advising that the Award was enterprise based and had not been utilised for at least the last five years. Further, it was advised that the BHP Newcastle Steelworks site no longer operated or existed. Accordingly, it was submitted that the Award should be rescinded. 3 Mr S Crawford appeared for the Australian Workers Union, Greater New South Wales. Mr Crawford concurred that the Award be rescinded. 4 The purpose of the Award Review process was set out in the decision of the Full Bench of the Industrial Relations Commission of New South Wales in the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awards." 5 Having considered the consent submission of the parties, the Commission determines that the Award be rescinded. 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.