Announcement - Lagging Awards

The Commission has today, of its own initiative, issued a Summons to a number of parties requiring them to appear before the Commission on Tuesday 8 December 2009 at 10.00am.

The parties will be required to show cause why the Commission should not take action pursuant to section 52 of the Industrial Relations Act 1996 to apply all outstanding State Wage Case decisions to the following Awards.

The Commission is taking this action because legislation currently before the federal parliament (Fair Work Amendment (State Referrals and other Measures) Bill 2009 will have the effect, if passed, of transitioning State Awards in the private sector to notional federal instruments from 1 January 2010 (to be known as Division 2B State Awards).

The legislation further provides that orders made by a State industrial body to the terms of a State Award (such as varying those awards which remain eligible for increases to wages and allowances either before or after 1 January 2010) will remain effective provided such orders are made on or before 31 December 2009.

Division 2B State Awards will automatically terminate 12 months after referral commencement and it will be necessary, in the event that the Commission does make orders, that any increases to rate of pay and allowances be effective by 1 January 2011.

Industrial Registrar
1 December 2009.