2011 REVIEW OF AWARDS
INITIATING PROCEEDINGS
INDUSTRIAL RELATIONS
COMMISSION OF NEW SOUTH WALES
Listing by Commission to determine procedure relating to
Review of Awards pursuant to section 19 of the Industrial Relations Act
1996 as a consequence of the State Wage Case 2010 and the Industrial Relations
Amendment (Non-operative Awards) Act.
(No. IRC 140 of 2011)
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The Honourable Justice Walton, Vice-President
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21 July 2011
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ORDERS
Having regard to the State Wage Case 2010 decision
[2010] NSWIRComm 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.
M. J. WALTON J, Vice-President.
Annexure A
Category 1(c)
Private sector common rule and occupational awards which also apply to
employees in the public and local government sectors
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Sub-category 1(c)(i)
Awards which apply to local government employees only
(Includes awards (in bold) that also appear in category
2.)
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Award Code
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Award Title
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345
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Charitable Institutions (Professional Paramedical Staff)
(State) Award 2006
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714
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Charitable Sector Aged and Disability Care Services
(State) Award 2003
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726
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Charitable, Aged and Disability Care Services (State)
Award
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1361
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Entertainment and Broadcasting Industry - Live Theatre and
Concert (State) Award
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AP780276CAV
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Entertainment and Broadcasting Industry - Live Theatre and
Concert - Award 1998
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007
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Marine Charter Vessels (State) Award
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861
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Miscellaneous Workers Home Care Industry (State) Award
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5060
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Nurses (Private Sector) Redundancy (State) Award
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2150
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Nurses (Private Sector) Superannuation (State) Award
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4229
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Nurses' (Private Sector) Training Wage (State) Award
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759
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Nursing Homes, &c., Nurses' (State) Award
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2101
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Private Health and Charitable Sector Employees
Superannuation (State) Award
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1299
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Private Hospitals Aged and Disability Care Services
Industry Redundancy (State)
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Award, The
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4175
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Private Hospitals, Aged Care and Disability Services
Industry (Training) (State) Award
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594
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Teachers (Non-Government Early Childhood Service Centres
Other Than Pre-Schools)
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(State) Award 2009
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Sub-category 1(c)(ii)
Awards which apply to both local government and public sector
employees
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(Includes awards (in bold) that also appear in category
2.)
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Award
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Award Title
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Code
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510
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Nurses, Other Than in Hospitals, &c. (State) Award
2006
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950
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Health, Fitness and Indoor Sports Centres (State) Award
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Sub-category 1(c)(iii) Awards which apply to public
sector employees only
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(Includes awards (in bold) that also appear in category
2.)
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Award
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Award Title
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Code
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080
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Canteen, &c., Workers (State) Award
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135
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Clerical and Administrative Employees (State) Award
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372
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Hair and Beauty (State) Award
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482
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Miscellaneous Workers' - Kindergartens and Child Care
Centres, &c. (State) Award
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1159
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Miscellaneous Workers' Kindergarten and Child Care Centres
(State) Training Wage Award
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550
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Motels, Accommodation and Resorts, &c. (State)
Award
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577
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Restaurants, &c., Employees (State) Award
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218
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Security Industry (State) Award
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601
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Shop Employees (State) Award
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5023
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Transport Industry - Redundancy (State) Award
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677
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Transport Industry (State) Award
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Annexure B
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Category 1(c) awards to be transferred to Category 4 as
non-operative awards
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Award
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Award Title
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Code
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343
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Gangers (State) Award
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349
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General Construction and Maintenance, Civil and Mechanical
Engineering, &c. (State) Award
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480
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Miscellaneous Gardeners, &c. (State) Award
|
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1320
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Royal Rehabilitation Service - Weemala Unit Residential
Care Staff (State) Award
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912
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Storemen and Packers, General (State) Award
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647
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Surveyors' Field Hands (State) Award
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1017
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Theatrical Employees (Training Wage) (State) Award
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845
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Theatrical Employees Recreation and Leisure Industry
(State) Award
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Annexure C
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Category 2 - Common rule and occupational awards that
apply to deemed employees pursuant to
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Schedule 1 of the IR Act.
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(Includes awards (in bold) that also appear in category
1(c).
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Award
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Award Title
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Code
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964
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Aged Care General Services (State) Award 2006
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828
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Bread Industry (State) Award
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001
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Building and Construction Industry (State) Award
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058
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Building Employees Mixed Industries (State) Award
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714
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Charitable Sector Aged and Disability Care Services
(State) Award 2003
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726
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Charitable, Aged and Disability Care Services (State)
Award
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116
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Cleaning and Building Services Contractors (State) Award
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139
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Clothing Trades (State) Award
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140
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Club Employees (State) Award
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819
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Furniture and Furnishing Trades (State) Award
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950
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Health, Fitness and Indoor Sports Centres (State) Award
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387
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Ice Cream Carters and Van Salespersons (State) Award
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046
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Joiners (State) Award
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476
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Milk Treatment, &c., and Distribution (State) Award
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705
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Miscellaneous Workers' - General Services (State) Award
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550
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Motels, Accommodation and Resorts, &c. (State)
Award
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537
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Plasterers, Shop Hands and Casters (State) Consolidated
Award
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539
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Plumbers and Gasfitters (State) Award
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548
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Private Hospital Employees (State) Award 2006
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241
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Retail Services Employees (State) Award
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588
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Sawmillers, &c. (State) Award
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218
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Security Industry (State) Award
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677
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Transport Industry (State) Award
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683
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Transport Industry - Cash-in-Transit (State) Award
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665
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Transport Industry - Mixed Enterprises (State) Award
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682
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Transport Industry - Wood and Coal (State) Award
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____________________
Printed by
the authority of the Industrial Registrar.