Industrial Relations Commission of New South Wales CITATION: Preterm Medical Officers (State) Award [2008] NSWIRComm 1011 PARTIES: Australian Medical Association (NSW) Limited Australian Salaried Medical Officers Federation (New South Wales) FILE NUMBER(S): 737 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: 19/11/07 DATE OF JUDGMENT: 25 January 2008 Ms S Bennett Australian Medical Association (NSW) Limited LEGAL REPRESENTATIVES: Ms M De Vecchis ASMOF DECISION: INDUSTRIAL RELATIONS COMMISSION OF NEW SOUTH WALES CORAM: MACDONALD C 25 January 2008 Matter No IRC 737 of 2007 Preterm Medical Officers (State) Award - Notice of Award Review pursuant to section 19 of the Industrial Relations Act 1996 DECISION [2008] NSWIRComm 1011 1 This Decision arises from a notice 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 Call Overs on 24 August, 25 September and 19 November 2007. 4 On the latter date, Ms S Bennett appeared for the Australian Medical Association (NSW) Limited. Ms M De Vecchis appeared for Australian Salaried Medical Officers Federation (New South Wales). 5 Ms De Vecchis handed up a document (Ex. 1) setting out a list of proposed changes to the Award. These changes reflected the Secure Employment Test Case; a provision to allow voluntarily sacrifice pre-tax salary into employees' superannuation funds; wage increases, increase in the allowance for education leave and variations to give effect to the Occupational Health and Safety provisions of the Secure Employment Test Case. 6 Ms Bennett's organisation was granted time to consider the changes as listed in Exhibit 1. 7 By correspondence dated 18 December 2007, Ms Bennett advised that the Preterm Foundation consented to the list of proposed changes (Ex. 1). 8 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." 9 Having regard to the consent of the parties, the Commission hereby determines to mark the Award as "Award Reviewed" in accordance with the Award variations listed in Exhibit 1. 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.