Research & Information
Announcement - IRC 140/11 - 2011 Review of Awards Initiating Proceedings

8 April 2011

On 24 February 2011 the Commission convened a directions hearing in the matter of the 2011 Review of Awards Initiating Proceedings. At those proceedings there was agreement in adopting the approach as announced on 15 February as to the procedure for the review of awards.

On that occasion a direction was issued that the parties communicate with the Industrial Registrar to resolve which awards would fall within the four categories for awards, and the proceedings adjourned. The Industrial Registrar has now consolidated the parties' response into a further list of awards by category which is attached to this announcement.

[Attachment - 2011 Review of Awards Initiating Proceedings - List of Awards by Category]

Hearing of the Proceedings

The Commission will relist the matter, IRC 140 of 2011, for hearing. At that time formal directions/orders will be made for the procedures and timetable for the review of Awards under s19. The proposed orders to be made are in the terms as set out below:

Proposed Orders

      1. The four categories originally defined by the Minister for Industrial Relations and refined by the parties be accepted by the Commission and published as a final agreed listing of Awards existing as at 8 April 2011.

      2. Those Awards listed in category 1 or 2 will fall for review in accordance with the well-established practices of the Commission and direct the Industrial Registrar to commence that process and notify the parties accordingly

      3. Those Awards listed in category 3 will be referred to the President for allocation to a Member of the Commission to be dealt with in chambers noting that any matters that were deemed s44C agreements will be marked such and other matters will be marked either 'obsolete' and rescinded.

      4. Those Awards listed in category 4 will be referred to the President for allocation to a Member of the Commission to be dealt with in chambers, noting those matters will be declared 'non-operative' awards.

Date and Place of Hearing

The hearing will be presided over by his Honour, the Vice President, Justice Walton and will commence on Friday 6 May at 10.00am in Court 3.3, Level 3, 47 Bridge Street, SYDNEY.

If any party has any submission in relation to the matter, such submission is to be filed with the Commission and served on each other party to the process not later then 7 days prior to the listing.


Lesley Hourigan
Acting Industrial Registrar