Industrial Relations Commission of New South Wales CITATION: Ice Cream Carters and Van Salespersons (State) Award [2007] NSWIRComm 1068 APPLICANT Transport Workers Union of New South Wales PARTIES: RESPONDENTS Australian Business Industrial Australian Federation of Employers & Industries CSR Limited t/a The Readymix Group New South Wales Road Transport Association Inc FILE NUMBER(S): 1469 of 2007 CORAM: Macdonald C CATCHWORDS: Application for variation of an award - s 17 - increases to wages and allowances - application granted - award varied LEGISLATION CITED: Industrial Relations Act 1996 HEARING DATES: 03/10/07 DATE OF JUDGMENT: 3 October 2007 APPLICANT Transport Workers Union of New South Wales - Ms R Pace LEGAL REPRESENTATIVES: RESPONDENTS Australian Business Industrial - Ms J Wang Australian Federation of Employers & Industries - Mr A Doyle Australian Industry Group - Mr C Haddad DECISION: INDUSTRIAL RELATIONS COMMISSION OF NEW SOUTH WALES CORAM: MACDONALD C 3 October 2007 Matter No IRC 1469 of 2007 Ice Cream Carters and Van Salespersons (State) Award Application by Transport Workers Union of New South Wales for variation re State Wage Case 2007 DECISION [2007] NSWIRComm 1068 1 This is an application pursuant to section 17 of the Industrial Relations Act 1996 ("the Act") filed on 11 September 2007 by the Transport Workers Union of New South Wales ("the Union") for variation of an award. 2 The matter was listed for a Consent Hearing on 3 October 2007. The following appearances were entered: Ms R Pace - the Union Ms J Wang - Australian Business Industrial Mr A Doyle - Australian Federation of Employers and Industries Mr C Haddad - Australian Industry Group 3 Ms Pace handed up to the Commission a Further Amended Application to reflect agreed changes by the parties to some of the rates contained in the original application. Ms Pace addressed the Commission on the Union's Further Amended Application to vary the Ice Cream Carters and Van Salespersons (State) Award ("the Award"). The Further Amended Application sought to vary the Award so as to increase wages and various allowances. 4 Ms Pace gave on the record her Union's commitment in relation to the absorption of the increases should the Commission grant the Union's Further Amended Application. 5 The various employer organisations consented to the Further Amended Application. 6 Certain other employer organisations did not appear but had been advised of the proceeding. 7 The Commission hereby confirms the Ex Tempore Determination made in this matter on 3 October 2007 and the Award is accordingly varied. 8 The variation to the Award will take effect from the first full pay period commencing on or after 30 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.