Industrial Relations Commission New South Wales Medium Neutral Citation: State Wage Case 2014 (No 3) [2015] NSWIRComm 12 Hearing dates: 16 December 2014 Date of orders: 16 December 2014 Decision date: 07 April 2015 Jurisdiction: Industrial Relations Commission Before: Walton J, President; Kite AJ; Newall C Decision: The Full Bench confirms the following orders: (1) Pursuant to s 50 of the Industrial Relations Act 1996, the Full Bench of the Industrial Relations Commission of New South Wales adopts, with modification, the provisions of the Annual Wage Review 2013-14 [2014] FWCFB 3500. (2) Pursuant to s 52 of the Industrial Relations Act 1996 the Commission orders that the rates of pay and work related allowances prescribed in the awards listed in Annexure A are increased by 3 per cent provided that any increases resulting from this order may be offset against: (i) Any equivalent over award payments, and/or (ii) Award wage increases other than State Wage Case adjustments. (3) Pursuant to s 52 of the Industrial Relations Act the Commission orders that the rates of pay and work related allowances prescribed in the awards listed in Annexure B are increased by 2.38 per cent. (4) Orders 2 and 3 take effect on and from the first pay period commencing on or after 16 December 2014. Catchwords: STATE WAGE CASE – Orders – correction of published version Legislation Cited: Industrial Relations (Commonwealth Powers) Act 2009 Industrial Relations Act 1996 Cases Cited: Annual Wage Review 2013-14 [2014] FWCFB 3500 State Wage Case 2010 [2010] NSWIRComm 183; (2010) 201 IR 155 State Wage Case 2010 (No 2) [2011] NSWIRComm 29; (2011) 206 IR 218 Category: Consequential orders (other than Costs) Parties: Unions NSW Local Government and Shires Association of NSW Secretary for Industrial Relations Representation: Counsel: J V Murphy (Secretary for Industrial Relations) Solicitors: Unions NSW Local Government and Shires Association of NSW Crown Solicitor's Office (Secretary for Industrial Relations) File Number(s): IRC 798 of 2014 DECISION 1. On 16 December 2014, the Full Bench of the Commission made orders based upon short minutes provided by Unions NSW and marked as exhibits 4 and 5. Both of the exhibits included a list of awards entitled "Annexure A". 2. The Full Bench decided to make the orders but in a slightly different form from the short minutes provided. The orders were foreshadowed by Justice Walton, President, as follows. 1. Pursuant to s 50 of the Industrial Relations Act 1996, the Full Bench of the Industrial Relations Commission of New South Wales adopts, with modification, the provisions of the Annual Wage Review 2013-14 [2014] FWCFB 3500; 2. Pursuant to s 52 of the Industrial Relations Act the Commission orders that the rates of pay and work related allowances prescribed in the awards listed in Annexure A are increased by 3 per cent provided that any increases resulting from this order may be offset against: 1. Any equivalent over award payments, and/or 2. Award wage increases other than State Wage Case adjustments. 1. Pursuant to s 52 of the Industrial Relations Act the Commission orders that the rates of pay and work related allowances prescribed in the awards listed in Annexure B are increased by 2.38 per cent. 2. Orders 2 and 3 take effect on and from the first pay period commencing on or after 16 December 2014. 1. We should note, in that respect, that Annexure A referred to in the proposed order at [3(2)] of this decision is Annexure A to exhibit 5. Also, Annexure B referred to in the draft order at [3(3)] is Annexure A to exhibit 4. 2. The parties were asked by the Full Bench whether there was any objection to the orders being made in the terms set out in [2] above. The response from Mr M Morey on behalf of Unions NSW was as follows: Not from Unions NSW your Honour. 1. The response from Mr J V Murphy of counsel, on behalf of the Industrial Relations Secretary, was as follows: Nor from my client. 1. Mr M Marelic, on behalf of the Local Government and Shires Association, responded as follows: Nor from mine. 1. The orders were duly made in that form. 2. When reasons were subsequently published on 6 March 2015, Annexures A and B were also published. Shortly thereafter, Unions NSW drew to the Commission's attention that an error had occurred in compiling the annexures. One award which was listed in Annexure A to exhibit 4 had been mistakenly listed in Annexure B (previously Annexure A to exhibit 5). 3. It is thus necessary to correct the published order to conform to the orders actually made by the Full Bench on 16 December 2014. 4. The corrected form of the orders is attached to these reasons. ********** Orders [2015] NSWIRComm 12 (217 KB, pdf) Amendments 02 April 2015 - decision incorrectly uploaded. 02 April 2015 - Citation 07 April 2015 - Decision uploaded 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. Decision last updated: 07 April 2015