Industrial Relations Commission of New South Wales CITATION: Crown Employees (Royal Botanic Gardens, Building and Mechanical Trades Staff) Award [2008] NSWIRComm 1021 APPLICANT Department of Environment and Climate Change for the Public Sector Workforce Office. PARTIES: RESPONDENT NSW Plumbers and Gasfitters Employees Union Construction and General Division, Construction, Forestry, Mining Energy Union FILE NUMBER(S): 202 of 2008 CORAM: Macdonald C CATCHWORDS: Application for variation of an award - section 17 - variation to Clause 7, General Conditions of Employment - increase to allowances - application granted - award varied LEGISLATION CITED: Industrial Relations Act 1996 HEARING DATES: 29/02/08 DATE OF JUDGMENT: 29 February 2008 APPLICANT Ms E Butcher Department of Environment and Climate Change for The Public Sector Workforce Office LEGAL REPRESENTATIVES: RESPONDENT Mr Kelly Construction and General Division, Construction, Forestry, Mining Energy Union DECISION: INDUSTRIAL RELATIONS COMMISSION OF NEW SOUTH WALES CORAM: MACDONALD C 29 February 2008 Matter No IRC 202 of 2008 Crown Employees (Royal Botanic Gardens, Building and Mechanical Trades Staff) Award Application by Department of Environment and Climate Change for The Public Sector Workforce Office for variation re Allowances DECISION [2008] NSWIRComm 1021 1 This is an application pursuant to section 17 of the Industrial Relations Act 1996 ("the Act") filed on 19 February 2008 by the Department of Environment and Climate Change for The Public Sector Workforce Office ("the DECC"). 2 The matter was listed for Consent Hearing on 29 February 2008. The following appearances were entered: Ms E Butcher - the DECC Mr Kelly - NSW Plumber and Gasfitters Employees Union Ms Butcher also appeared on behalf of the Construction and General Division, Construction, Forestry, Mining Energy Union. 3 Ms Butcher addressed the Commission on the DECC's application to vary the Crown Employees (Royal Botanic Gardens, Building and Mechanical Trades Staff) Award ("the Award"). The application sought to vary the Award to provide payment of an asbestos allowance and to place additional strictures on dealing with asbestos on the job. The Application also varied certain allowances pursuant to the State Wage Case 2007. 4 Mr Kelly confirmed that the variation to the Award was by consent. 5 The Commission hereby confirms the Ex Tempore Determination made in this matter on 29 February 2008 and the Award is accordingly varied. 6 The variation to the Award will take effect on and from 29 February 2008. The Commission notes that the date of the effect of this variation is the 29th February. This is a date that only occurs once every four years. At the Consent Hearing, the Commission raised this issue with the parties bearing in the mind that this variation was only to run for twelve months. By agreement of the parties, made on the record, the twelve month variation period will expire on midnight of 27 February 2009. 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.