Industrial Relations Commission of New South Wales CITATION: Actors (Theatrical) (State) Award [2007] NSWIRComm 1092 Media, Entertainment & Arts Alliance New South Wales PARTIES: Australian Federation of Employers & Industries The Australian Industry Group New South Wales Branch FILE NUMBER(S): 1565 of 2007 CORAM: Cambridge C CATCHWORDS: Review of Award - Review concluded without substantial variation made to the Award - Parties intention to make application for variation to the Award. LEGISLATION CITED: Industrial Relations Act 1996 [NSW] CASES CITED: Principles For Review of Awards - State Decision 1998, (18 December 1998), Full Commission of Industrial Relations Commission of New South Wales, [Wright P, Hungerford, Schmidt, JJ, Sams DP, & Redman C], 85 IR 38. HEARING DATES: 21/11/2007 DATE OF JUDGMENT: 12 December 2007 Ms K Edwards for Media, Entertainment & Arts Alliance New South Wales, Mr S Marriott for Australian Federation of Employers & Industries DECISION: - 3 - INDUSTRIAL RELATIONS COMMISSION OF NEW SOUTH WALES COMMISSIONER CAMBRIDGE 12 December 2007 Matter No IRC 1565 of 2007 Actors (Theatrical) (State) Award Notice of award review pursuant to section 19 of the Industrial Relations Act 1996. D E C I S I O N 1. This Decision concerns an Award Review conducted pursuant to section 19 of the Industrial Relations Act 1996, [NSW], (the Act). The Award review was commenced by way of notice of the Industrial Registrar dated 17 September 2007. This Award Review has been undertaken for the Actors (Theatrical) (State) Award, (the Award). 2. Proceedings in respect of the section 19 Review of the Award commenced by way of Call-over on 21 November 2007, at which time the following appearances were recorded: Ms K Edwards appeared for the Media Entertainment & Arts Alliance, (MEAA); Mr S Marriott appeared for the Australian Federation of Employers & Industries, (AFE&I). 3. During the proceedings held on 21 November 2007, both Ms Edwards and Mr Marriott submitted that the Award was a relevant and contemporary industrial instrument and that the section 19 Award Review could be concluded without the requirement for any variation to the Award. The Commission requested that the Parties confirm their respective positions in writing and the proceedings were adjourned to allow for the provision of appropriate documentation. 4. Subsequently the Commission has received correspondence dated 4 December 2007, from the AFE&I which confirms the submissions made by Mr Marriott during the Call-over on 21 November 2007. The Commission has also received correspondence dated 5 December 2007, from MEAA which confirms the submissions made by Ms Edwards on 21 November. 5. In addition, the correspondence from MEAA indicates that the Award has not been varied to provide for increases in wage rates and allowances available under the State Wage Case 2005, State Wage Case 2006 and State Wage Case 2007. Further, the correspondence acknowledges that the Award has not been varied to provide for standards established under the Secure Employment Test Case. Importantly however the correspondence from MEAA indicates that the Parties anticipate that application(s) seeking variation to the Award to provide for these matters will be made pursuant section 17 of the Act. 6. The Commission has further considered the content of the documentation provided by both the AFE&I and MEAA. In particular the Commission notes the stated intention of the Parties to the Award to make application for variation pursuant to section 17 of the Act. The approach anticipated by the Parties to the Award appears to accord with the Principles for Review of Awards as established by the State Decision 1998, made in matter No. IRC 3786 of 1998, 18 December 1998. In particular the Commission is mindful of the following extract from the Judgement of the Full Commission in the State Decision 1998: " We observe also that the Commission is not given general discretion in s19 to insert into an award being reviewed any other conditions which the Commission might consider a "modern" award should contain. The review directed by s19 concerns the provisions of existing awards. Unless properly arising from matters specified in s19 itself, during a review the Commission is not at liberty to insert into awards other conditions not already contained therein. If award parties wish to advance such matters they must, in our view, utilise the other provisions of the Act to which we have referred." 7. Accordingly the Commission is prepared to conclude the Review of the Award in accordance with the submissions and documentation provided to the Commission by the Parties to the Award. Consequently no substantive variation to the Award will be made as part of this Award Review. However it will be necessary to make one variation to the Award to record that the Review has been undertaken and now concluded. The Commission will therefore Order variation to the Award in the terms set out hereunder and consequently proceedings in this matter are therefore concluded. ORDER The Commission hereby Orders that the Award be varied as follows: Clause 7. Award Review is deleted and replaced with the following: "7. Award Review This Award has been reviewed in accordance with section 19 of the Industrial Relations Act 1996 and the Principles for Review of Awards as established by the Full Bench of the Industrial Relations Commission of New South Wales on 18 December 1998 (305 IG 307), the review having been concluded on 12 December 2007." By the Commission: I W CAMBRIDGE 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.