3rd sna consent application rejected

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3rd sna consent application rejected

A consent application for the 3rd safety net adjustment at the State level has been rejected by the State Commission.

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A consent application for the 3rd safety net adjustment at the State level has been rejected by the State Commission.

The application by the unions, with the employer’s consent, was for the Public Transport Commission of NSW (State) Award to be varied for the 3rd $8 safety net adjustment as of August 1997. Note that the award, in effect, played a minor part in the regulation of the relevant employees’ employment conditions because there was an enterprise agreement in place.

The Commission rejected the application on the following grounds:

  • the parties had not met the prerequisites for granting the 3rd $8 adjustment (award parties to report on the outcome of discussions on facilitative provisions and majority clauses, and, if necessary, set a timetable for conciliation) -- the Commission rejected the submission that these requirements had been satisfied through their enterprise agreement because the Commission had not been given an opportunity to view the agreement and thus test this assertion;
  • because the application was for a variation which would not commence for another 14 months, the Commission considered that the circumstances at the enterprise may be sufficiently different by then as to render the reasons behind the present application inappropriate; and,
  • similarly, it was possible that the relevant State Wage Case principles may change between now and August 1997, which may lead to adverse consequences for either of the parties if the application was approved.
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