PR945035 AW765583 PR945035 Download Word Document AUSTRALIAN INDUSTRIAL RELATIONS COMMISSION Workplace Relations Act 1996 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. 939 of 1999) s.113 application for variation The Australian National University (C2003/2787) A.N.U. ADMINISTRATIVE, MANAGERIAL AND EXECUTIVE STAFF (SPECIFIC CONDITIONS AND SALARIES) AWARD 1982 (ODN C No. 4432 of 1982) [AW765583  Print F1112] Educational services SENIOR DEPUTY PRESIDENT DUNCAN SYDNEY, 30 MARCH 2004 Award simplification. DECISION [1] There are two matters to be dealt with in this decision. The first the simplification of the A.N.U. Administrative, Managerial and Executive Staff (Specific Conditions and Salaries) Award 1982 and the second an application for the safety net wages adjustment for May 2002 and 2003. [2] I am satisfied that the award was affected by item 50 of Part 2 of Schedule 5 of the Workplace Relations and Other Legislation Amendment Act 1996 (the WROLA Act). [3] Having reviewed the award consistent with the Award Simplification Principles, and having heard the submissions of the parties, the award will be varied so as to remove provisions which ceased to have effect under Item 50 of Part 2 of Schedule 5 of the WROLA Act, other than those clauses which are administrative in nature or are both incidental to allowable award matters and necessary for the effective operation of the award. [4] The simplified award is consistent with the principles and the requirements of item 51(7)(d) of the WROLA Act. I am satisfied that the wage rates at clause 12, having been reviewed by the parties, are in accordance with the principles of the Full Bench in the Paid Rates Reviews Decisions [Prints Q7661 and S0105]. [5] Once varied the award will satisfy the criteria set out in sub items (6) and (7) of Item 51 of Part 2 of Schedule 5 of the WROLA Act. [6] The varied award, to be known as the A.N.U. Administrative, Managerial and Executive Staff (Specific Conditions and Salaries) Award 2004 , will operate from 30 March 2004 and shall remain in force for a period of twelve months. [7] As for the application under s.113 the decision sought is by consent and will not result in an increase in the wage rates actually paid to employees or increase the wage costs of the employer so the twelve months delay between variations is waived. [8] The required undertaking has been given by National Tertiary Education Industry Union and the Health Services Union of Australia and the appropriate clause will be included in the award. [9] The variation to award rates will therefore be incorporated in the varied award which issues contemporaneously with this decision. BY THE COMMISSION: SENIOR DEPUTY PRESIDENT Appearances: K. Cooper for The Australian National University. R. Thomas for the National Tertiary Education Industry Union. G. Tyrrell for the Health Services Union of Australia Hearing details: 2003. Sydney: April 7; June 16; September 23; October 17; November 6. 2004. Sydney: January 27; February 27. Printed by authority of the Commonwealth Government Printer <Price code A>