SERIAL C7352

 

STATE DECISION PURSUANT TO SECTION 52 OF THE INDUSTRIAL RELATIONS ACT 1996

 

INDUSTRIAL RELATIONS COMMISSION OF NEW SOUTH WALES

FULL BENCH

 

SUMMONS TO SHOW CAUSE

 

Application by Industrial Registrar for variation of a number of awards as more fully particularised in application on the making of State Decision pursuant to section 52 of the Industrial Relations Act 1996.

 

(No. IRC 1880 of 2009)

 

 

GENERAL ORDER

 

In the extraordinary and unique circumstances created by the passage of the Fair Work (State Referral and Consequential and Other Amendment) Act 2009 (Cth) and the Industrial Relations (Commonwealth Powers) Act 2009 (NSW) and pursuant to s. 52 of the Industrial Relations Act 1996 (NSW) ('the Act'), the Full Bench of the Industrial Relations Commission of New South Wales makes the following orders by consent:

 

1.        For the purpose of this General Order:

 

(a)      an 'eligible award' shall mean an award that has not been varied in accordance with any or all of the State Wage Case decisions of this Commission since 2002 and where the rates of pay therein are eligible for adjustment under those decisions;

 

(b)      a reference to 'Principles' for the years 2003 to 2009 is a reference to the Wage Fixing Principles determined by the Commission for each of those years and which are set out in Appendix A to the decisions in the State Wage Case 2003, 2004, 2005, 2006, 2007, 2008 and 2009 and to the orders in each of those decisions.

 

2.        The wage rates and relevant allowances of eligible awards shall be and are hereby varied in accordance with the 2003 Principles, the 2004 Principles, the 2005 Principles, the 2006 Principles, the 2007 Principles, the 2008 Principles, the 2009 Principles and this Order.

 

3.        Subject to any agreement to the contrary:

 

(a)      Where the last State Wage Case decision applied to an eligible award was the 2002 decision the variation to that award shall be in accordance with the Principles applicable for the years 2003 to 2009 as follows:

 

(i)       any adjustments under the 2003 Principles and the 2004 Principles shall take effect from the first full pay period to commence on or after the date of this Order;

 

(ii)       any adjustments under the 2005 Principles and the 2006 Principles shall take effect from the first full pay period to commence on or after the date that is 4 months after the date of this Order;

 

(iii)      any adjustments under the 2007 Principles and the 2008 Principles shall take effect from the first full pay period to commence on or after the date that is 8 months after the date of this Order;

 

(iv)      any adjustments under the 2009 Principles shall take effect from the first full pay period to commence on or after the date that is 12 months after the date of this Order provided that where such date would occur later than 31 December 2010, the date of effect shall be taken to be on and from 31 December 2010.

 

(b)      Where the last State Wage Case decision applied to an eligible award was the 2003 decision the variation to that award shall be in accordance with the Principles applicable for the years 2004 to 2009 as follows:

 

(i)       any adjustments under the 2004 Principles shall take effect from the first full pay period to commence on or after the date of this Order;

 

(ii)       any adjustments under the 2005 Principles and the 2006 Principles shall take effect from the first full pay period to commence on or after the date that is 4 months after the date of this Order;

 

(iii)      any adjustments under the 2007 Principles and the 2008 Principles shall take effect from the first full pay period to commence on or after the date that is 8 months after the date of this Order;

 

(iv)      any adjustments under the 2009 Principles shall take effect from the first full pay period to commence on or after the date that is 12 months after the date of this Order provided that where such date would occur later than 31 December 2010, the date of effect shall be taken to be on and from 31 December 2010.

 

(c)      Where the last State Wage Case decision applied to an eligible award was the 2004 decision the variation to that award shall be in accordance with the Principles applicable for the years 2005 to 2009 as follows:

 

(i)       any adjustments under the 2005 Principles shall take effect from the first full pay period to commence on or after the date of this Order;

 

(ii)       any adjustments under the 2006 Principles shall take effect from the first full pay period to commence on or after the date that is 4 months after the date of this Order;

 

(iii)      any adjustments under the 2007 Principles and the 2008 Principles shall take effect from the first full pay period to commence on or after the date that is 8 months after the date of this Order;

 

(iv)      any adjustments under the 2009 Principles shall take effect from the first full pay period to commence on or after the date that is 12 months after the date of this Order provided that where such date would occur later than 31 December 2010, the date of effect shall be taken to be on and from 31 December 2010.

 

(d)      Where the last State Wage Case decision applied to an eligible award was the 2005 decision the variation to that award shall be in accordance with the Principles applicable for the years 2006 to 2009 as follows:

 

(i)       any adjustments under the 2006 Principles shall take effect from the first full pay period to commence on or after the date of this Order;

 

(ii)       any adjustments under the 2007 Principles shall take effect from the first full pay period to commence on or after the date that is 4 months after the date of this Order;

 

(iii)      any adjustments under the 2008 Principles shall take effect from the first full pay period to commence on or after the date that is 8 months after the date of this Order;

 

(iv)      any adjustments under the 2009 Principles shall take effect from the first full pay period to commence on or after the date that is 12 months after the date of this Order provided that where such date would occur later than 31 December 2010, the date of effect shall be taken to be on and from 31 December 2010.

 

(e)      Where the last State Wage Case decision applied to an eligible award was the 2006 decision the variation to that award shall be in accordance with the Principles applicable for the years 2007 to 2009 as follows:

 

(i)       any adjustments under the 2007 Principles shall take effect from the first full pay period to commence on or after the date of this Order;

 

(ii)       any adjustments under the 2008 Principles shall take effect from the first full pay period to commence on or after the date that is 6 months after the date of this Order;

 

(iii)      any adjustments under the 2009 Principles shall take effect from the first full pay period to commence on or after the date that is 12 months after the date of this Order provided that where such date would occur later than 31 December 2010, the date of effect shall be taken to be on and from 31 December 2010.

 

(f)       Where the last State Wage Case decision applied to an eligible award was the 2007 decision the variation to that award shall be in accordance with the Principles applicable for the years 2008 and 2009 as follows:

 

(i)       any adjustments under the 2008 Principles shall take effect from the first full pay period to commence on or after the date of this Order;

 

(ii)       any adjustments under the 2009 Principles shall take effect from the first full pay period to commence on or after the date that is 12 months after the date of this Order provided that where such date would occur later than 31 December 2010, the date of effect shall be taken to be on and from 31 December 2010.

 

(g)      Where the last State Wage Case decision applied to an eligible award was the 2008 decision the variation to that award shall be in accordance with the 2009 Principles as follows:

 

(i)       any adjustments under the 2009 Principles shall take effect from the first full pay period to commence on or after the date that is 12 months after the date of this Order provided that where such date would occur later than 31 December 2010, the date of effect shall be taken to be on and from 31 December 2010.

 

4.        The adjustments to wage rates and relevant allowances in accordance with these Orders shall be rounded as follows:

 

(a)      The wage rates and relevant allowances expressed as weekly amounts shall be rounded to the nearest 10 cents.

 

(b)      Allowances expressed as hourly amounts shall be rounded to the nearest one cent. 

 

5.        Variations to eligible awards in accordance with this General Order shall be settled in proceedings before Bishop C on Wednesday 23 December 2009 at 10.00 am in Court 4.1.  Variations shall be in hard copy and computer-readable format. At this hearing each Union party to an eligible award will be required to give a specific commitment as to the absorption of any increase in accordance with the relevant Principle. A Union may provide written authority to Unions NSW to give the commitment on the Union's behalf.

 

 

 

6.        This General Order shall take effect on and from 22 December 2009 and shall remain in force for a period of 12 months.

 

 

R. P. BOLAND  J. President.

M. J. WALTON  J, Vice-President.

J. P. GRAYSON  D.P.

E. A. R. BISHOP, Commissioner.

 

 

 

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Printed by the authority of the Industrial Registrar.