Industrial Relations Commission of New South Wales CITATION: Theatre Managers (State) Award [2008] NSWIRComm 1007 APPLICANT The Australian Workers' Union, New South Wales PARTIES: RESPONDENT Australian Federation of Employers and Industries FILE NUMBER(S): 2025 of 2007 CORAM: Macdonald C CATCHWORDS: Application for variation of an award - State Wage Case 2007 - section 17 - increases to wages and allowances - application granted - award varied LEGISLATION CITED: Industrial Relations Act 1996 HEARING DATES: 28/11/07 DATE OF JUDGMENT: 24 January 2008 APPLICANT Mr V Falconer The Australian Workers' Union, New South Wales LEGAL REPRESENTATIVES: RESPONDENT No Appearance DECISION: INDUSTRIAL RELATIONS COMMISSION OF NEW SOUTH WALES CORAM: MACDONALD C 24 January 2008 Matter No IRC 2025 of 2007 Theatre Managers (State) Award Application by The Australian Workers' Union, New South Wales for variation re State Wage Case 2007 DECISION [2008] NSWIRComm 1007 1 This is an application pursuant to section 17 of the Industrial Relations Act 1996 ("the Act") filed on 6 November 2007 by The Australian Workers' Union, New South Wales ("the Union") for variation of an award pursuant to the State Wage Case Decision 2007. 2 The matter was listed for a Consent Hearing on 28 November 2007. The following appearance was entered: Mr V Falconer - the Union 3 Mr Falconer addressed the Commission on the Union's Application to vary the Theatre Managers (State) Award ("the Award"). The Application sought to vary the Award so as to increase wages and various allowances pursuant to the State Wage Case 2007. 4 Mr Falconer gave on the record his Union's commitment in relation to the absorption of the increases should the Commission grant the Union's Application. 5 The Commission approved the application, in principle, subject to obtaining the consent of the only Respondent to this Award - Australian Federation of Employers and Industries. 6 The Commission contacted that organisation and received correspondence from that organisation advising of its inability to attend the Consent Hearing and expressing no issue with the Union's application - excepting for operative date (September 2007). That organisation was then advised that the operative date had been amended by the Union during the Consent Hearing to November 2007. On that basis, that organisation consented to the Union's application. The Commission hereby confirms the in-principle Ex Tempore Determination made in this matter on 28 November 2007 and the Award is accordingly varied. The variation to the Award will take effect from the first full pay period commencing on or after 28 November 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.