Industrial Relations Commission of New South Wales CITATION: Transport Industry (State) Award [2007] NSWIRComm 1070 APPLICANT Transport Workers Union of New South Wales RESPONDENTS Australian Business Industrial Australlian Federation of Employers & Industries Australian Retailers Association Australian Industry Group, NSW Branch Bartter Limited Boral Construction Materials Group Ltd PARTIES: Brambles Australia CSR Construction Materials Ebsworth & Ebsworth, Lawyers Furnishing Industry Association of Australia Limited J A Steele - Australian Poultry Ltd John Fairfax Group Pty Limited McCarthy Ausgroup Pty Ltd Motor Traders' Association of New South Wales NSW Flour Millers Council C/- McCarthy & Associates NSW Furniture Guild New South Wales Road Transport Association Inc (in liquidation) TNT Australia Pty Limited FILE NUMBER(S): 1490 of 2007 CORAM: Macdonald C CATCHWORDS: Application for variation of an award - s 17 - increases to wages and allownces - application granted - award varied LEGISLATION CITED: Industrial Relations Act 1996 HEARING DATES: 03/10/07 DATE OF JUDGMENT: 3 October 2007 APPLICANT Transport Workers Union of New South Wales - Ms R Pace LEGAL REPRESENTATIVES: RESPONDENTS Australian Business Industrial - Mr A Moulton Australian Federation of Employers & Industries - Mr A Doyle Australian Industry Group - Mr C Haddad DECISION: INDUSTRIAL RELATIONS COMMISSION OF NEW SOUTH WALES CORAM: MACDONALD C 3 October 2007 Matter No IRC 1490 of 2007 Transport Industry (State) Award Application by Transport Workers Union of New South Wales for variation re State Wage Case 2007 DECISION [2007] NSWIRComm 1070 1 This is an application pursuant to section 17 of the Industrial Relations Act 1996 ("the Act") filed on 13 September 2007 by the Transport Workers Union of New South Wales ("the Union") for variation of an award. 2 The matter was listed for a Consent Hearing on 21 September 2007. The following appearances were entered: Mr M Aird - the Union Mr A Moulton - Australian Business Industrial Mr A Doyle - Australian Federation of Employers and Industries Mr C Haddad - Australian Industry Group Mr R McKenzie - TNT Australia Pty Limited The parties advised that at this stage there was no consent position to the Union's application. 3 The matter was relisted for a Consent Hearing on 3 October 2007. The appearances were the same as before except that Ms R Pace now appeared for the Union and Mr McKenzie did not appear. 4 Ms Pace handed up to the Commission an Amended Application to reflect agreed changes by the parties to some of the rates contained in the original application. Ms Pace addressed the Commission on the Union's Amended Application to vary the Transport Industry (State) Award ("the Award"). The Amended Application sought to vary the Award so as to increase wages and allowances. 5 Ms Pace gave on the record her Union's commitment in relation to the absorption of the increases should the Commission grant the Union's Amended Application. 6 The various employer organisations consented to the Amended Application. 7 Certain other employer organisations did not appear but had been notified of the initial proceeding. 8 The Commission hereby confirms the Ex Tempore Determination made in this matter on 3 October 2007 and the Award is accordingly varied. 9 The variation to the Award will take effect from the first full pay period commencing on or after 20 December 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.