Industrial Relations Commission of New South Wales CITATION: Transport Industry - Cash-in-Transit (State) Award Application by Transport Workers' Union of New South Wales for variation re wages [2006] NSWIRComm 1024 APPLICANT Transport Workers' Union of New South Wales RESPONDENTS PARTIES: Brambles Australia Limited Australian Security Industry Association Ltd. Employers First New South Wales Road Transport Association Inc FILE NUMBER(S): 6794 of 2005 CORAM: Macdonald C CATCHWORDS: Application for variation of an award - s17 - increses to wages and allowances - application granted - award varied LEGISLATION CITED: Industrial Relations Act 1996 HEARING DATES: 18/01/2006 DATE OF JUDGMENT: 01/18/2006 APPLICANT Transport Workers' Union of New South Wales - per T. Robinson LEGAL REPRESENTATIVES: RESPONDENTS Employers First - per L Spence New South Wales Road Transport Association Inc - per R Grace Australian Security Industry Assocaition Ltd - per C. Delaney DECISION: INDUSTRIAL RELATIONS COMMISSION OF NEW SOUTH WALES CORAM: MACDONALD C 18 January 2006 Matter No IRC 6794 of 2005 Transport Industry - Cash-in-Transit (State) Award Application by the Transport Workers' Union of New South Wales for variation re wages DECISION [2006] NSWIRComm 1024 1 This is an application pursuant to section 17 of the Industrial Relations Act 1996 ("The Act") filed on 22 December 2005 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 17 January 2006. The following appearances were entered: · T. Robinson – the Union · L. Spence – Employers First · C. Delaney – Australian Security Industry Association Ltd. · R. Grace – NSW Road Transport Association 3 Mr. Robinson addressed the Commission on the Union's application to vary the Transport Industry –Cash-in-Transit (State) Award ("the Award"). The application sought to vary the Award so as to increase wages and work related allowances. 4 He advised that the Award had last been varied for monetary benefits by way of the Award being made on 24 December 2002. The application now before the Commission sought to vary the Award for the 2003, 2004 and 2005 State Wage Case Decisions. 5 The various employer organisations consented to the application but requested that the Union make its application to adjust the Award for future State Wage Case Decisions in a more-timely manner – rather than three adjustments rolled up into one application. 6 The Commission handed down as Ex Tempore Decision granting the application. 7 As discussed during proceedings, the Union subsequently provided correspondence to the Commission (19 January 2006), giving its commitment in relation to the absorption of the increases arising out of the granting of the Union's application. 8 The Commission hereby confirms the Ex Tempore Determination made in this matter on 18 January 2006 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 18 January 2006. 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.