Rock and Ore Milling and Refining (State) Award; Rock and Ore Milling and Refining Redundancy (State) Award; Rock and Ore Milling Superannuation (State) Award [2001] NSWIRComm 54

Rock and Ore Milling and Refining (State) Award; Rock and Ore Milling and Refining Redundancy (State) Award; Rock and Ore Milling Superannuation (State) Award [2001] NSWIRComm 54

In modernising the Rock and Ore Milling and Refining (State) Award under section 19, the Commission was required to take account of previous State Wage Case decisions and, absent good reason to the contrary, to incorporate unimplemented State Wage Case adjustments to the training wage provisions. Those changes were not a substantial variation requiring a section 17 application, and the agreed phasing in of the adjustments was consistent with the State Wage Case Principles.

Jurisdiction
Australia
Judgment Date
28 March 2001
Procedural Posture
Notices of Award Review Pursuant to Section 19 of the Industrial Relations Act 1996 / Decision After Hearing
Outcome
The Commission accepted the AWU's submissions, found that a section 17 application was unnecessary, approved incorporation and phasing in of the State Wage Case adjustments through the section 19 review, made the agreed section 19 changes, and directed the parties to file a revised award document.
Legal Topics
['award Review' 'award Variation' 'state Wage Case Adjustments' 'training Wage Rates' 'lagging Awards' 'rescission of Awards' 'anti Discrimination Clause']
['industrial Relations' 'employment Law'] ['award Review' 'award Variation' 'state Wage Case Adjustments' 'training Wage Rates' 'lagging Awards' 'rescission of Awards' 'anti Discrimination Clause']

Case Brief

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Procedural Posture

Notices of Award Review Pursuant to Section 19 of the Industrial Relations Act 1996 / Decision After Hearing

Legal Issues

  1. 1 ['Whether State Wage Case adjustments to training wage rates in a lagging award can be incorporated in a section 19 award review.' 'Whether a section 17 application is necessary to vary the award to reflect past State Wage Case decisions.' 'Whether agreed phasing in of training wage adjustments is consistent with the State Wage Case Principles.']

Ratio Decidendi

In modernising the Rock and Ore Milling and Refining (State) Award under section 19, the Commission was required to take account of previous State Wage Case decisions and, absent good reason to the contrary, to incorporate unimplemented State Wage Case adjustments to the training wage provisions. Those changes were not a substantial variation requiring a section 17 application, and the agreed phasing in of the adjustments was consistent with the State Wage Case Principles.

Court Disposition

The Commission accepted the AWU's submissions, found that a section 17 application was unnecessary, approved incorporation and phasing in of the State Wage Case adjustments through the section 19 review, made the agreed section 19 changes, and directed the parties to file a revised award document.

Orders

  • ['The changes proposed to the Rock and Ore Milling and Refining (State) Award are to take effect on and from 23 March 2001.' 'The Commission intends to rescind the Rock and Ore Milling and Refining Redundancy (State) Award (Matter IRC 6045 of 1999).' 'The Commission intends to rescind the Rock and Ore Milling...