Research & Information
Announcement - Section 19 Award Review

3 October 2003

The Commission is shortly to commence the Award Review process as prescribed by Section 19 of the Industrial Relations Act 1996.

To facilitate this process the Commission has issued Practice Direction No. 13 which was gazetted on 19th September 2003 and will be effective from 3rd October 2003.

The process that the Registry will follow is as follows:

  • for any Award falling due for review in 2003 a Notice of Award Review will be forwarded to the relevant parties that advises a date and time for call-over of the matter before a Deputy President of the Commission.
  • a copy of Practice Direction No. 13 will be attached to each Notice and the date set for the call-over of the matter will allow sufficient time for the parties to proceed and comply in accordance with such Practice Direction.

In brief, Practice Direction No. 13 requires the parties to:
  • file and serveon all other parties a list of any and all changesproposed to the Award
    • this should be a list of specific changes except where substantial changes are proposed. Where substantial changes are proposed the list may refer to the subject areasof change.
    • this includes a situation where it is considered that the Award is obsolete and should be rescinded.
  • file Form 37 - Notice of Appearance: [see Part 12, Rule 75 and following of the Industrial Relations Commission Rules] [these steps have to be taken at least one weekbefore the call-over date]

     
    • conferwith all other parties on any proposed changes prior to the call-over date so that all parties are in a position to advise the Commission at call-over of the status of the award under review.
    [this should occur no later than during the week before the call-over date]

     
    What will happen at call-over?
      • where there are no issues or matters that require attention in respect of the Award the matter will be marked as "Award Reviewed" [proceedings finalised]
      • where the Award is obsolete the matter will be marked "Award Obsolete" [proceedings finalised]
      • where there are issues or matters that require attention in respect of the Award such directions as are necessary will be made and the file will be either retained or referred to another Member of the Commission for finalisation.

    Practice Direction No. 13 was developed in consultation with the major Employee and Employer organisations with the expectation that parties will closely observe the requirements of the practice direction and, thereby, facilitate the early identification of issues and minimise the impact on resources and time as this important task is undertaken.

    The principles of the Award Review process have been defined by the Full Bench of the Commission in Principles for Review of Awards - State Decision 1998 [(1998) ​85 IR 38] and Re Poultry Industry Preparation (State) Award and Other Awards 2003 [[2003] NSWIRComm 129]