Announcement - Section 19 Award Review in 2012

28 February 2012
The Commission is commencing the 2012 Award Review process as prescribed by Section 19 of the Industrial Relations Act 1996.

This process adopts the orders made by the Commission in the 2011 Review of Awards Initiating Proceedings in which the awards falling in each sub-category shall be reviewed in accordance with the well-established practices of the Commission.

To facilitate this process the Commission previously issued Practice Note No. 13 which provides the procedures for parties to the Award Review process.
For all current awards, in the list of awards to be reviewed in 2012 , the process that the Registry has followed is:

  • Notices of Award Review have been issued to the major parties who had appeared in the Award Review Initiating Proceedings, and to major public sector agencies represented within a 'super cluster' of a public sector Department or other body.

  • A Notice of Award Review for each award is available electronically on the NSW Industrial Relations website via the links on the list of awards to be reviewed .

  • Awards have been listed for call-over at the date, time and place specified on the Notice and on the list .

  • The call-over dates are set commencing 12 March 2012.

In brief, Practice Note No. 13 requires the parties to:

  • file and serve on all other parties a list of all changes proposed to the Award

  • this should be a list of all specific changes except where substantial changes are proposed. Where substantial changes are proposed the list may refer to the subject areas of change.

  • this includes a situation where it is considered that the Award is obsolete and should be rescinded.

  • file a Notice of Appearance
    [these steps have to be taken at least one week before the call-over date]

  • confer with all other parties on any proposed changes prior to the call-over date so that all parties are in a position to advise at call-over
    [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  • where the Award is obsolete the matter will be marked "Award Obsolete" [proceedings finalised]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.

The Commission expects that all parties to the Award Review Process will comply with Practice Note No. 13 and thereby ensure that at the call-overs any issues are clearly identified to facilitate future proceedings.

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 and Poultry Industry Preparation (State) Award and Other Awards, Re [2003]

Mick Grimson
Industrial Registrar