PR932229 AW781132CRA PR932229 Download Word Document AUSTRALIAN INDUSTRIAL RELATIONS COMMISSION Workplace Relations Act 1996 s.99 notification of industrial disputes Construction, Forestry, Mining and Energy Union and A Aarons Waterbed Centre and others (C No. 32762 of 1994) AAA Top Kat Floor Services and others (C No. 32370 of 1995) A & V Kitchen Design and others (C No. 32602 of 1994) Artizan and others (C No. 10648 of 1995) Eco Bedding and others (C No. 31803 of 1996) FURNISHING TRADES - GENERAL - VICTORIA, SOUTH AUSTRALIA AND TASMANIA - CONSOLIDATED AWARD 1998 (ODN C No. 00422 of 1961) [Print N6876 [F0029]]; Print Q2668 [F0029], Print Q5124[F0029] & Print R4684 [F0029] s.113 Application to vary Construction, Forestry, Mining and Energy Union (C No. 33347 of 2000) FURNISHING INDUSTRY NATIONAL AWARD 1999 (ODN C No. 00422 of 1961) [Print R8970 [AW781110]] s.33 action on Commission's own motion (C No. 22186 of 1998) Review of award pursuant to Item 51 of Part 2 of Schedule 5 of the Workplace Relations and Other Legislation Amendment Act 1996 (C No. 01161 of 1998) FURNISHING TRADES (AUSTRALIAN CAPITAL TERRITORY) AWARD 1983 (ODN C No. 01875 of 1980) [F3066 [AW781132CRA]] Furnishing industry COMMISSIONER HINGLEY MELBOURNE, 11 JUNE 2003 Wages & Conditions of employment - Furnishing Industry National Award 1999 - setting aside coverage of Queensland respondents. DECISION [1] This decision is in response to the High Court of Australia of 3 October 2002 ((2002) 76 ALJR 1502), and the Full Bench decision of this Commission of 11 December 2002 ( PR925622 ), and correspondence from the Furnishing Industry Association of Australia (FIAA) dated 23 May 2003. [2] In its correspondence FIAA submitted inter alia: "The Furnishing Industry Association of Australia (the FIAA) is of the view that Hingley C is required to formally give effect to these decisions through the removal of the Queensland respondents. Until such time it is the FIAA's position that respondent employers in Queensland remain bound to the terms and conditions of the Furnishing Industry National Award 1999. The reasoning relied upon in promoting this view stems from the issuing by the High Court on 3 October 2002 of a writ of mandamus requiring the AIRC to hear and determine the s.111A AA applications according to law. Subsequently, the Full Bench of the AIRC in the decision of 11 December 2002 held at para 10 that the Furnishing Industry National Award 1999: `... is not before us and its validity is not a matter we need to decide. To the (sic) say the least, however, the grounds for setting the award aside to the extent that it purports to apply to employers in Queensland seem irresistible. The award is presently allocated to Commissioner Hingley for simplification pursuant to s.51 of Part 2 of Schedule 5 to the Workplace Relations and Other Legislation Amendment Act 1996. These proceedings provide an opportunity to deal with the award, to the extent that it purports to apply to employers in Queensland, in light of the High Court's decision and consequent orders.' This quote from the Full Bench decision has formulated the basis FIAA advice to Queensland respondents that they are still bound by the terms and conditions of the Furnishing Industry National Award 1999, until Hingley C sets the award aside to the extent that it purports to apply to Queensland employers. It is also our belief that perhaps the intent of the Full Bench of the AIRC in remitting this matter to Hingley C was for the purpose of committing the decision to writing. As such we request that Hingley C by way of a written decision formally set aside the award to the extent that it purports to apply to Queensland respondents." [3] The simplification review of the Furnishing Industry National Award 1999 has not concluded but is likely to do so in the near future. However to immediately clarify the instant circumstances for Queensland respondents I have decided pursuant to the power available to me in s.33 of the Workplace Relations Act 1996 to vary the award on my own motion so as to remove from coverage all Queensland respondents and consequently the scope of coverage. [4] The award accordingly will be varied to operate from 1 July 1999 and the relevant order will issue forthwith. BY THE COMMISSION: COMMISSIONER Printed by authority of the Commonwealth Government Printer <Price code B>