Announcement - IRC 140/11 - 2011 Review of Awards Initiating Proceedings - Final Orders

26 July 2011

On 21 July 2011 the Commission made final orders in this matter, as appended below, and concluded the proceedings.

In accordance with Orders 2 and 7 of the subject orders, being the list of awards in the sub-categories of Category 1(c) and the awards in Category 2 are published together with a complete listing of awards in all categories as an attachment to this announcement.

[ Attachment - complete listing of awards in all categories ]


Mick Grimson
Industrial Registrar
 
 
 

ORDERS

Having regard to the State Wage Case 2010 decision [2010] NSW IRComm 183 (at [61] - [64]), the Orders of the Commission made on 18 May 2011, the further submissions filed by the parties in accordance with those Orders 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:

Category 1(c) Awards

1. There shall be three sub-categories of 1(c) awards as set out in Annexure A to these Orders.

2. The Industrial Registrar shall publish on the NSW Industrial Relations Commission's website the list of awards in Categories 1(c) in terms of those sub-categories as identified in Annexure A.

3. The awards falling in each sub-category shall be reviewed in accordance with the well-established practices of the Commission.

4. The Commission notes that where there is an Award that applies to only one particular sector of employees within the sub-categories that it is open to the parties to consider rationalisation of the coverage of that Award by means of varying the coverage of existing Awards or, alternatively, the making of a new Award, if such course of action is appropriate and in the public interest.

5. The Commission further orders that the following awards previously listed in category 1(c):
    • Gangers (State) Award ; and
    • General Construction and Maintenance, Civil and Mechanical Engineering, &c. (State) Award ; and
    • Miscellaneous Gardeners, &c. (State) Award ; and
    • Royal Rehabilitation Service - Weemala Unit Residential Care Staff (State) Award; and
    • Storemen and Packers, General (State) Award ; and
    • Surveyors' Field Hands (State) Award ; and
    • Theatrical Employees (Training Wage) (State) Award ; and
    • Theatrical Employees Recreation and Leisure Industry (State) Award
are transferred to Category 4 and shall be referred to the President for allocation to a Member of the Commission to be dealt with administratively in Chambers as non-operative awards. ( Annexure B )

Category 2 Awards .

6. The Commission notes that the majority of Category 2 Awards with the exception of Awards noted hereunder will cease to have any application with effect from 1 September 2011 and agrees with the parties contention that it would not be in the public interest for these matters to fall for review.

7. The Commission further notes the:
    • Transport Industry (State) Award ; and
    • Transport Industry - Redundancy (State) Award ; and
    • Motels, Accommodation and Resorts, & (State) Award
have been transferred to Category 1(c) and the current list of Category 2 awards is Annexure C and the Industrial Registrar shall publish that updated list on the NSW Industrial Relations Commission’s website.

8. The Commission directs that the Clothing Trades (State) Award, an award having continuing application within the State, is to be reviewed in accordance with the well-established practices of the Commission.

9. The Commission further directs that the Industrial Registrar, on or after 1 September 2011, is to give notice to the parties of an intention to refer the balance of Awards within this category to the President for allocation to a member for the purpose of being dealt with administratively in chambers and declared non-operative.

10. The Commission pursuant to Rule 6.9 of the Industrial Relations Commission Rules 2009 directs that the Minister for Finance and Services and Director of Public Employment be added to the party cards in respect of the awards the subject of Orders 1 & 8 these Orders.
 
 
Annexure A

Category 1(c) Private sector common rule and occupational awards which also apply to employees in the public and local government sectors
 
 
Sub-category 1(c)(i) Awards which apply to local government employees only
(Includes awards (in bold) that also appear in category 2.)
Award Code Name of Award
345 Charitable Institutions (Professional Paramedical Staff) (State) Award 2006
714 Charitable Sector Aged and Disability Care Services (State) Award 2003
726 Charitable, Aged and Disability Care Services (State) Award
1361 Entertainment and Broadcasting Industry - Live Theatre and Concert (State) Award
AP780276CAV Entertainment and Broadcasting Industry - Live Theatre and Concert - Award 1998
007 Marine Charter Vessels (State) Award
861 Miscellaneous Workers Home Care Industry (State) Award
5060 Nurses (Private Sector) Redundancy (State) Award
2150 Nurses (Private Sector) Superannuation (State) Award
4229 Nurses' (Private Sector) Training Wage (State) Award
759 Nursing Homes, &c., Nurses' (State) Award
2101 Private Health and Charitable Sector Employees Superannuation (State) Award
1299 Private Hospitals Aged and Disability Care Services Industry Redundancy (State) Award, The
4175 Private Hospitals, Aged Care and Disability Services Industry (Training) (State) Award
594 Teachers (Non-Government Early Childhood Service Centres Other Than Pre-Schools) (State) Award 2009
 
 
Sub-category 1(c)(ii) Awards which apply to both local government and public sector employees
(Includes awards (in bold) that also appear in category 2.)
Award Code Name of Award
510 Nurses, Other Than in Hospitals, &c. (State) Award 2006
950 Health, Fitness and Indoor Sports Centres (State) Award
 
 
Sub-category 1(c)(iii) Awards which apply to public sector employees only
(Includes awards (in bold) that also appear in category 2.)
Award Code Name of Award
080 Canteen, &c., Workers (State) Award
135 Clerical and Administrative Employees (State) Award
372 Hair and Beauty (State) Award
482 Miscellaneous Workers' - Kindergartens and Child Care Centres, &c. (State) Award
1159 Miscellaneous Workers' Kindergarten and Child Care Centres (State) Training Wage Award
550 Motels, Accommodation and Resorts, &c. (State) Award
577 Restaurants, &c., Employees (State) Award
218 Security Industry (State) Award
601 Shop Employees (State) Award
5023 Transport Industry - Redundancy (State) Award
677 Transport Industry (State) Award
 
 

Annexure B
 
Category 1(c) awards to be transferred to Category 4 as non-operative awards
Award Code Name of Award
343 Gangers (State) Award
349 General Construction and Maintenance, Civil and Mechanical Engineering, &c. (State) Award
480 Miscellaneous Gardeners, &c. (State) Award
1320 Royal Rehabilitation Service - Weemala Unit Residential Care Staff (State) Award
912 Storemen and Packers, General (State) Award
647 Surveyors' Field Hands (State) Award
1017 Theatrical Employees (Training Wage) (State) Award
845 Theatrical Employees Recreation and Leisure Industry (State) Award


Annexure C
 
Category 2 - Common rule and occupational awards that apply to deemed employees pursuant to Schedule 1 of the IR Act.
(Includes awards (in bold) that also appear in category 1(c).
Award Code Name of Award
964 Aged Care General Services (State) Award 2006
828 Bread Industry (State) Award
001 Building and Construction Industry (State) Award
058 Building Employees Mixed Industries (State) Award
714 Charitable Sector Aged and Disability Care Services (State) Award 2003
726 Charitable, Aged and Disability Care Services (State) Award
116 Cleaning and Building Services Contractors (State) Award
139 Clothing Trades (State) Award
140 Club Employees (State) Award
819 Furniture and Furnishing Trades (State) Award
950 Health, Fitness and Indoor Sports Centres (State) Award
387 Ice Cream Carters and Van Salespersons (State) Award
046 Joiners (State) Award
476 Milk Treatment, &c., and Distribution (State) Award
705 Miscellaneous Workers' - General Services (State) Award
550 Motels, Accommodation and Resorts, &c. (State) Award
537 Plasterers, Shop Hands and Casters (State) Consolidated Award
539 Plumbers and Gasfitters (State) Award
548 Private Hospital Employees (State) Award 2006
241 Retail Services Employees (State) Award
588 Sawmillers, &c. (State) Award
218 Security Industry (State) Award
677 Transport Industry (State) Award
683 Transport Industry - Cash-in-Transit (State) Award
665 Transport Industry - Mixed Enterprises (State) Award
682 Transport Industry - Wood and Coal (State) Award