Industrial Relations Commission of New South Wales CITATION: Breweries (State) Award [2007] NSWIRComm 1040 APPLICANT Liquor, Hospitality and Miscellaneous Union, New South Wales Branch RESPONDENT PARTIES: AFMEPKIU, New South Wales Branch Electrical Trades Union of Australia, New South Wales Branch CFMEU (New South Wales Branch) Tooheys Limited Carlton United Breweries (NSW) Pty Limited FILE NUMBER(S): 1088 of 2007 CORAM: Macdonald C CATCHWORDS: Application to vary award per State Wage Case 2007 - application granted - award varied LEGISLATION CITED: Industrial Relations Act 1996 CASES CITED: State Wage Case of June 2007 HEARING DATES: 09/07/07, 16/10/07 DATE OF JUDGMENT: 16 October 2007 APPLICANT Mr M Hawkins LEGAL REPRESENTATIVES: Liquor, Hospitality and Miscellaneous Union, New South Wales Branch RESPONDENT No appearances DECISION: INDUSTRIAL RELATIONS COMMISSION OF NEW SOUTH WALES CORAM: COMMISSIONER MACDONALD 16 October 2007 Matter No IRC 1088 of 2007 Breweries (State) Award Application by Liquor, Hospitality and Miscellaneous Union, New South Wales Branch for variation re State Wage Case 2007 DECISION [2007] NSWIRComm 1040 1 On 2 July 2007, the Liquor, Hospitality and Miscellaneous Union, New South Wales Branch (the Union), made application to vary the Breweries (State) Award, (the Award). 2 The application for variation to the Award was made pursuant to section 17 of the Industrial Relations Act 1996 (the Act). The application seeks variation to the Award to provide for wage rate and allowance increases in accordance with State Wage Case of 2007. 3 The matter was listed for consent hearing on 9 July 2007 and relisted on 16 October 2007, at which time the following appearances were recorded: · Mr M Hawkins - the Union - Electrical Trades Union of Australia, NSW Branch - Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union, NSW Branch - Construction, Forestry, Mining and Energy Union, NSW Branch 4 There was no appearance for the two companies listed as Respondents to the application. 5 Mr Hawkins spoke to the Union's application. He advised that the two companies had been notified of the Union's application. He said that the variation to the Award met the requirements of the principles established by the State Wage Case 2007. Mr Hawkins formally provided, in the Union's application and on the record, the necessary undertakings required by the State Wage Case Principles. 6 The Union sought that the Commission grant the application. 7 My office subsequently made contact with the two companies listed as Respondents to the application. One of those companies advised it neither consented to or opposed the application. The other company advised that the Award no longer applied to its operations. Consequently, the file was relisted for 16 October and Mr Hawkins was advised of the foregoing company responses. He stated any question of respondency was appropriately dealt with pursuant to the s19 Award Review process which was currently being undertaken by the Commission. 8 The Commission hereby confirms the Ex Tempore Determination made in this matter and the Award is accordingly varied. 9 The variation to the Award will take effect from the first full pay period commencing on or after 2 August 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.