Industrial Relations Commission of New South Wales CITATION: Clerical and Administrative Employees in Temporary Employment Services (State) Award [2007] NSWIRComm 1072 Australian Business Industrial Australian Federation of Employers and Industries PARTIES: Motor Traders' Association of New South Wales New South Wales Local Government, Clerical, Administrative, Energy, Airlines & Utilities Union Recruitment Consulting Services Association c/- Enterprise Initiatives Pty Ltd The Australian Industry Group New South Wales Branch FILE NUMBER(S): 703 of 2007 CORAM: Macdonald C CATCHWORDS: Award Review - s 19 of the Act - 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: 18/09/07 DATE OF JUDGMENT: 18 September 2007 New South Wales Local Government, Clerical, Administrative,Energy, Airlines & Utilities Union - Ms Young Australian Business Industrial - Ms Vu Recruitment Consulting Services Association - per Ms Vu (agency) Australian Federation of Employers and Industries - Mr A Doyle DECISION: INDUSTRIAL RELATIONS COMMISSION OF NEW SOUTH WALES CORAM: COMMISSIONER MACDONALD 18 September 2007 Matter No IRC 703 of 2007 Clerical and Administrative Employees in Temporary Employment Services (State) Award - Notice of Award Review pursuant to section 19 of the Industrial Relations Act 1996 DECISION [2007] NSWIRComm 1072 1 This Decision arises from notices of review generated on 29 May 2007 by the Industrial Registrar, pursuant to s 19 of the Industrial Relations Act 1996 ("the Act"). 2 This file was originally listed before Grayson DP on 23 July 2007 and subsequently reallocated to McKenna C and thence to myself. 3 The file was set down for a Consent Hearing on 18 September 2007. At that hearing, the following appearances were taken: Ms Young - New South Wales Local Government, Clerical, Administrative, Energy, Airlines & Utilities Union ("the United Services Union") Ms Vu - Australian Business Industrial and, by agency, for Recruitment Consulting Services Association Mr Doyle - Australian Federation of Employers and Industries 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 Ms Young for the United Services Union advised of discussions and exchanges of correspondence amongst the parties on the award review process undertaken for the Clerical and Administrative Employees in Temporary Employment Services (State) Award ("the Award"). She referred to correspondence of 18 September 2007 on her Union's letterhead that set out eight (8) items detailing proposed changes to the Award as part of the award review process. 6 The employer organisations advised of their consent to the proposed changes so listed, except for item eight (8). Rather than item 8 stating that the reference to the words "Workers Compensation Act 1987" be deleted, the reference to that last mentioned Act should be retained. Thus, the employer organisations proposed that Clause 27 of the reviewed award would maintain a reference to that last mentioned Act and, as well, include a reference to the "Workplace Injury Management and Workers Compensation Act 1998". Ms Young for the United Services Union concurred. 7 The Commission issued an Ex Tempore decision advising that the award in question would be marked "Award Reviewed" on the basis of having regard to the Principles for Review of Awards and on the basis of the reviewed award incorporating the proposed changes set out in the 18 September 2006 correspondence (with the one agreed modification set out above). This Decision confirms that Ex Tempore decision. 8 The proposed changes to the reviewed award are to take effect on and from 18 September 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.