Industrial Relations Commission of New South Wales CITATION: Health Administration Corporation and Department of Health, Nurses (State) Award [2007] NSWIRComm 1058 New South Wales Nurses Association PARTIES: Health Administration Corporation FILE NUMBER(S): 732 of 2007 CORAM: Macdonald C CATCHWORDS: Award Review - s 19 of the Act - consent of the parties - award changes - award reviewed LEGISLATION CITED: Industrial Relations Act 1996 CASES CITED: Principles for Review of Awards - State Decision (1998) 85 IR 38 HEARING DATES: 29/08/07 DATE OF JUDGMENT: 29 August 2007 NSW Nurses Association Ms K Wild Director General, New South Wales Health Mr L Newman DECISION: INDUSTRIAL RELATIONS COMMISSION OF NEW SOUTH WALES CORAM: COMMISSIONER MACDONALD 29 August 2007 Matter No IRC 732 of 2007 Health Administration, Corporation and Department of Health, Nurses (State) Award - Notice of Award Review pursuant to section 19 of the Industrial Relations Act 1996 DECISION [2007] NSWIRComm 1058 1 This Decision arises from notices of review generated on 21 May 2007 by the Industrial Registrar, pursuant to s 19 of the Industrial Relations Act 1996 ("the Act"). 2 This file was originally listed before Grayson DP on 23 July 2007 and subsequently reallocated to myself. 3 The file was set down for a Consent Hearing on 29 August 2007. At that hearing, Ms K Wild appeared for the New South Wales Nurses Association. Mr L Newman appeared for Director General, New South Wales Health. 4 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." 5 At the Hearing, Ms Wild advised that the parties had engaged in discussions as to reviewing the award in question and had agreed on changes to be made to the award in question. In that regard, Ms Wild tendered two documents both of which were a copy of the reviewed award - reflecting the agreed changes. One copy indicated the agreed changes that had been made to the reviewed award in question (Ex 1). The other copy was a "clean copy" of the reviewed award in question (Ex 2). 6 In particular, the Commission notes that the award in question has undergone a name change from: Health Administration Corporation and Department of Health, Nurses (State) Award to: Crown Employees Nurses (State)Award. 7 Mr Newman agreed that the changes made were by consent and supported Ms Wild's submission that the reviewed award in question be marked as Award Reviewed. 8 The Commission issued an Ex Tempore decision advising that the award in question would be marked "Award Reviewed" (having regard to the Principles for Review of Awards) and this Decision confirms that Ex Tempore decision. 9 The variations agreed to by the parties will take effect from 29 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.