Industrial Relations Commission of New South Wales CITATION: Sydney Olympic Park Aquatic, Athletics and Archery Centres (State) Award 2008 [2009] NSWIRComm 48 APPLICANT Sydney Olympic Park Authority Aquatic and Athletic Centres Division PARTIES: RESPONDENT Australian Workers' Union, New South Wales Branch FILE NUMBER(S): IRC 505 of 2009 CORAM: Sams DP AWARD VARIATION - application to vary award - Olympic Park sports complex - new classifications - replacement of contractors by employees - variation sought by consent. CATCHWORDS: WAGE FIXATION - variation has industrial merit - consistent with wage fixing principles - otherwise complies with the requirements of the Act - variation made - Award varied. LEGISLATION CITED: Industrial Relations Act 1996 CASES CITED: State Wage Case 2008 [2008] NSWIRComm 122 HEARING DATES: 21 April 2009 DATE OF JUDGMENT: 21 April 2009 APPLICANT Mr A Hynes Sydney Olympic Park Authority Aquatic and Athletic Centres Division LEGAL REPRESENTATIVES: RESPONDENT Mr V Falconer Australian Workers' Union, New South Wales Branch JUDGMENT: - 2 - INDUSTRIAL RELATIONS COMMISSION OF NEW SOUTH WALES CORAM: SAMS DP 21 April, 2009 Matter No IRC 505 of 2009 Sydney Olympic Park Aquatic, Athletics and Archery Centres (State) Award 2008 Application by Sydney Olympic Park Authority Aquatic and Athletic Centres Division for variation re classification levels DECISION (ex tempore) [2009] NSWIRComm 48 1 This is an application made under s 17 of the Industrial Relations Act 1996 ('the Act') by the Sydney Olympic Park Authority Aquatic and Athletic Centres Division for a variation to the Sydney Olympic Park Aquatic, Athletics and Archery Centres (State) Award 366 IG 1387. 2 The application was listed for hearing on 21 April 2009 with Mr A Hynes appearing for the applicant and Mr V Falconer appearing for the Australian Workers' Union, New South Wales Branch. 3 The variation seeks to introduce a number of new classifications into the Award. The work covered by the new classifications, such as car park attendants, ushers, tour guides, gym instructors and supervisors, is currently performed by contractors and it is proposed that the new classifications will be filled by permanent and casual employees employed under the terms and conditions of the Award. 4 The proposed variation to the Award proceeds by consent and I am satisfied that it has industrial merit. I am further satisfied that the application and the proposed variation meets all of the requirements of the Commission's State Case Principles (State Wage Case 2008 [2008] NSWIRComm 122), and is otherwise consistent with all of the requirements of the Act. 5 Accordingly, pursuant to s 17(3)(a) of the Act, I make the variation to the Award according to Schedule A to the application. The variation shall take effect from 21 April 2009, and remain in force for a period of three years thereafter. Peter J Sams, AM Deputy President 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.