Industrial Relations Commission New South Wales Medium Neutral Citation: Clothing Trades (State) Industrial Committee [2019] NSWIRComm 1093 Hearing dates: 18 December 2019 Date of orders: 18 December 2019 Decision date: 18 December 2019 Jurisdiction: Industrial Relations Commission Before: Acting Chief Commissioner Constant Decision: The duration of the Clothing Trades (State) Industrial Committee established by order of The Honourable Justice Walton on 5 February 2016 is extended for a period of three years. Catchwords: INDUSTRIAL COMMITTEE – extension of term Legislation Cited: Industrial Relations Act 1996 (NSW), s 200 Category: Consequential orders (other than Costs) Parties: Industrial Registrar (applicant) The Textile Clothing and Footwear Union of New South Wales (respondent) NSW Business Chamber Limited (respondent) Australian Retailers Association, New South Wales Division (respondent) Australian Federation of Employers and Industries (respondent) Representation: M Morgan, Industrial Registrar (applicant) E Macpherson (The Textile Clothing and Footwear Union of New South Wales) D Tyler (NSW Business Chamber Limited) File Number(s): 2019/380639 EX TEMPOrE Decision 1. This is an application by the Industrial Registrar pursuant to sub-s 200 (3) of the Industrial Relations Act 1996 (NSW) ("the IR Act") for an extension of the term of the Industrial Committee known as The Clothing Trades (State) Industrial Committee ("the Committee"). 2. The Committee was established by order of The Honourable Justice Walton, President of the Commission on 5 February 2016. 3. The term of the Committee expired on 4 February 2019. Sub-section 200 (3) of the IR Act provides for the extension of the duration of the Committee "for a period not exceeding 3 years" "even though the current period of the Committee has expired. 4. The application seeks extension of the Committee on the following grounds: 1. to continue the work related to cl 33 of the Clothing Trades (State) Award ("the Award") that provides for an industrial committee made under the award to approve the registration of employers who have or propose to have work performed away from the employer's own factory or workshop pursuant to cll 31 and 32 of the Award; and 2. the registration of employers is an element of the protections contained in the award for the entitlements and conditions of the employees in the clothing trades industry including outworkers. 1. The following parties were notified by the Commission of this application: 1. The Textile Clothing and Footwear Union of New South Wales on 4 and 6 December 2019; 2. NSW Business Chamber Limited on 4 and 6 December 2019; 3. Australian Retailers Association, New South Wales Division on 4 December 2019; and 4. Australian Federation of Employers and Industries on 4 December 2019. 1. The application is supported by two respondents, the Textile Clothing and Footwear Union of New South Wales and the NSW Business Chamber Limited. 2. The Australian Retailers Association, New South Wales Division and the Australian Federation of Employers and Industries have not entered an appearance and have not notified any objection or other response to the application. 3. On the basis of the grounds submitted by the Registrar supported by the two respondents who appeared I have determined to uphold the application. orders 1. The Commission orders that: 1. Pursuant to sub-s 200(3) of the Industrial Relations Act 1996 (NSW) the duration of the Industrial Committee, known as the Clothing Trades (State) Industrial Committee, established by order of The Honourable Justice Walton, President of the Commission, on 5 February 2016, is extended for a period of three years from today's date. N J CONSTANT Acting Chief 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. Decision last updated: 18 December 2019