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

19 May 2011

On 18 May 2011 the Commission made orders in this matter as appended below.

The matter has been adjourned for further directions at 9.30 am Tuesday 28 June 2011 as detailed in the Orders below.

In accordance with Order 3 of the subject orders, the list of awards in Categories 1(a) and (b), 3 and 4 of Annexure A are published as an attachment to this announcement.

[ Attachment - Categories 1(a) and (b), 3 and 4 of Annexure A]


Mick Grimson
Industrial Registrar


ORDERS

Having regard to the State Wage Case2010 decision [2010] NSW IRComm 183 (at [61] - [64]), the submissions on behalf of the Minister for Industrial Relations referred to therein (at [62]), the submissions for the Minister for Finance and Services filed on 13 May 2011 and consultation between relevant parties and the Industrial Registrar of NSW pursuant to directions made by the Commission, and for the purposes of proceedings under s 19 of the Industrial Relations Act 1996 from the date of these Orders, the Commission orders:

1. There shall be four categories of awards as set out in Annexure Ato these Orders.

2. Subject to Orders 5 to 7 and 11, the awards falling in each category shall be in accordance with Annexure A.

3. The Industrial Registrar shall publish on the NSW Industrial Relations Commission's website the list of awards in Categories 1(a) and (b), 3 and 4 of Annexure A.

4. The awards listed in Categories 1(a) and (b) in Annexure A shall be reviewed in accordance with the well-established practices of the Commission. The Industrial Registrar is directed to commence that process and notify the parties accordingly.

5. The proceedings shall be adjourned with respect to the determination of the list of awards appearing in Categories 1(c) and 2 in accordance with Orders 6, 7 and 11 below.

6. The Minister for Finance and Services shall file and serve any submissions as to the awards listed in Categories 1(c) and 2 on or before 4 pm Friday 10 June 2011. Any submissions in reply to the Minister's submission by any other party to the proceedings shall be filed and served on or before 4 pm Friday 17 June 2011.

7. The lists of awards appearing in Categories 1(c) and 2 of Annexure A shall be the subject of a further consultation between the parties co-ordinated by the Industrial Registrar.

8. The awards listed in Category 3 in Annexure A shall be referred to the President for allocation to a Member of the Commission to be dealt with administratively in Chambers

9. The awards listed in Category 4 in Annexure A shall be referred to the President for allocation to a Member of the Commission to be dealt with administratively in Chambers.

10. The Commission further orders that, in respect of Orders 8 and 9 above, the Industrial Registrar is directed to take the necessary administrative steps in relation to the preparation of files for the referral to the President and remit those matters within 28 days of the date of these Orders.

11. The matter will be listed for directions at 9.30 am Tuesday 28 June 2011.