Metal Trades Training Wage (State) Award [2008] NSWIRComm 59

Industrial Relations Commission of New South Wales

CITATION: Metal Trades Training Wage (State) Award [2008] NSWIRComm 59

Australian Business Industrial Australian Business Lawyers Australian Federation of Employers and Industries Australian Industry Group, NSW Branch Australian Retailers' Association PARTIES: Australian Workers' Union, New South Wales Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union, New South Wales Branch Electrical Trades Union of Australia, New South Wales Branch Motor Traders' Association of Australia, New South Wales Branch State Chamber of Commerce and Industry (Industrial Relations) Association Unions NSW

FILE NUMBER(S): IRC 1634 of 2007; IRC 57 of 2008

CORAM: Harrison DP; Sams DP; Grayson DP

CATCHWORDS: Application for variation of Award - s 19 Award review - lagging award - application of 2004, 2005 and 2006 State Wage Case increases by consent - application of 2007 State Wage Case increase - Principle 8B of Wage Fixation Principles - 12 month rule - meaning of "in line with" Training Wage (State) Award. Held - "in line with" not identical - particular circumstances to be reviewed on case by case basis - Award varied to apply 2007 State Wage Case increase as a Special Case.

LEGISLATION CITED: Industrial Relations Act 1996

2004 State Wage Case 132 IR 190 2005 State Wage Case 142 IR 337 2006 State Wage Case 153 IR 268 2007 State Wage Case 163 IR 253 CASES CITED: Child Employment Principles Case 2007 (2007) 163 IR 41 Safety Net Review Wages April 1999 [R1999] Awards Metal Trades (Training Wage) (State) Award 238 IG 1045 Professional Engineers and Professional Scientists (Private Industry)(State) Award [2005] NSWIRComm 402 Training Wage (State) Award 2002 341 IG 569