Industrial Relations Commission of New South Wales CITATION: Security Industry (State) Award [2006] NSWIRComm 1186 APPLICANT Liquor, Hospitality and Miscellaneous Union, New South Wales Branch PARTIES: RESPONDENT Employers First Australian Business Industrial FILE NUMBER(S): 3606 of 2006 CORAM: Macdonald C CATCHWORDS: Application for variation of an award - s17 - increases to wages and allowances - application granted - award varied LEGISLATION CITED: Industrial Relations Act 1996 HEARING DATES: 20/12/2006 EXTEMPORE JUDGMENT DATE : 12/20/2006 APPLICANT Liquor, Hospitality and Miscellaneous Union, New South Wales Branch per Mr Quinn LEGAL REPRESENTATIVES: RESPONDENTS Employers First - per Mr J Hart Australian Business Industrial - per Ms J Lee DECISION: - 2 - INDUSTRIAL RELATIONS COMMISSION OF NEW SOUTH WALES CORAM: MACDONALD C 20 December 2006 Matter No IRC 3606 of 2006 Security Industry (State) Award Application by Liquor, Hospitality and Miscellaneous Union, New South Wales Branch DECISION [2006] NSWIRComm 1186 1 This is an application pursuant to section 17 of the Industrial Relations Act 1996 ("the Act") filed on 7 December 2006 by the Liquor, Hospitality and Miscellaneous Union, New South Wales Branch ("the Union") for variation of an award. 2 The matter was listed for Consent Hearing on 20 December 2006. The following appearances were taken: · Mr Quinn - the Union · Mr J Hart - Employers First · Ms J Lee - Australian Business Industrial; NSW Road Transport Association and State Chamber of Commerce and Industry. 3 There was no appearance entered by the: Building Service Contractors Association of New South Wales Division; Catholic Health Care Services; and Australian Industry Group New South Wales Branch. These organisations had been notified of today's Consent Hearing listing and if there was no attendance, then the proceedings may be heard and an order may be made in absentia. 4 The Commission received correspondence from Chris Delaney & Associates advising of its representation on behalf of the Australian Security Industry Association Limited and that the latter body was not opposed to the Union's application. 5 Mr Quinn addressed the Commission on the Union's application to vary the Security Industry (State) Award ("the Award"). The application sought to vary the Award so as to increase wages and work related allowances pursuant to the 2006 State Wage Case Decision. Mr Quinn handed up (without objection) an Amended Schedule A. 6 The Union's application provided the undertakings as to off-setting as required by the relevant part of the State Wage Case Principles. 7 The various employer organisations consented to the application. 8 The Commission hereby confirms the Ex Tempore Decision made in this matter on 20 December 2006 and the Award is varied accordingly. 9 The variation to the Award shall take effect from the first full pay period to commence on or after 19 February 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.