Industrial Relations Commission of New South Wales CITATION: Dental Assistants And Secretaries (State) Award [2008] NSWIRComm 1009 APPLICANT NSW Dental Assistants Association PARTIES: RESPONDENTS Australian Federation of Employers And Industries Australian Dental Association (NSW Branch) Inc. Australian Commercial Dental Laboratories Association (NSW) FILE NUMBER(S): 713 of 2007; 2163 of 2007 CORAM: Macdonald C CATCHWORDS: Section 19 Award Review - consent of the parties - no changes required - Section 17 application for variation of an award - State Wage Case - increases to wages and allowances - application granted - award varied and reviewed LEGISLATION CITED: Industrial Relations Act 1996 HEARING DATES: 07/12/07 DATE OF JUDGMENT: 25 January 2008 APPLICANT Ms Z Angus - NSW Dental Assistants Association RESPONDENTS LEGAL REPRESENTATIVES: Mr B Ferguson Australian Federation of Employers and Industries Mr D Wilkinson Australian Dental Association (NSW Branch) Inc. DECISION: INDUSTRIAL RELATIONS COMMISSION OF NEW SOUTH WALES CORAM: MACDONALD C 25 January 2007 Matter No IRC 713 of 2007 Dental Assistants And Secretaries (State) Award. Notice of Award Review pursuant to section 19 of the Industrial Relations Act 1996 Matter No IRC 2161 of 2007 Dental Assistants And Secretaries (State) Award. Application by the N.S.W. Dental Assistants Association for variation re State Wage Case 2007 DECISION [2008] NSWIRComm 1009 1 This Decision concerns two matters that came before myself for processing: firstly, a section 19 Award Review (IRC 07/713); and, secondly, a section 17 application to vary an award for the State Wage Case 2007. 2 The award in question is the Dental Assistants And Secretaries (State) Award ("the Award"). Section 19 Award Review 3 The Award Review arises from a notice of review generated on 29 May 2007 by the Industrial Registrar, pursuant to s19 of the Industrial Relations Act 1996 ("the Act"). 4 The file was originally listed before Grayson DP on 23 July and subsequently reallocated to McKenna C and thence myself. 5 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." 6 On 7 December 2007, Ms Z Angus appeared for the NSW Dental Assistants Association and advised that the parties had reviewed the Award and no changes to the Award were required. 7 Mr Ferguson for the Australian Federation of Employers and Industries concurred. 8 Mr D Wilkinson for the Australian Dental Association (NSW Branch) Inc., concurred. 9 Having considered the submissions of the parties, the Commission advises that the Award will be marked as "Award Reviewed" as at 7 December 2007. State Wage Case 2007 10 Ms Angus addressed the Commission on the Union's Application to vary the Award. The Application sought to vary the Award so as to increase wages and various allowances pursuant to the State Wage Case 2007. 11 The Union's Application contained the necessary commitment in relation to absorption of the increase should the Commission grant the Union's Application. 12 Both Mr Ferguson and Ms Wilkinson supported the Union's Application. 13 The Commission hereby confirms the Ex Tempore Determination made in this matter on 7 December 2007 and the Award is accordingly varied. 14 The variation to the Award will take effect from the first full pay period commencing on or after 7 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.