2007

Announcement - Award Review - Section 19

18 May 2007

The Commission is shortly to commence the Award Review process as prescribed by Section 19 of the Industrial Relations Act 1996.

To facilitate this process the Commission previously issued Practice Direction No. 13 which provides the procedures for parties to the Award Review process.

The process that the Registry will follow is as follows:

• for any Award falling due for review up to the end of the 2nd Quarter 2007 a Notice of Award Review will be forwarded to the relevant parties that advises a date and time for call-over of the matter before a Deputy President of the Commission.
• a copy of Practice Direction No. 13 will be attached to each Notice and the date set for the call-over of the matter will allow sufficient time for the parties to proceed and comply in accordance with such Practice Direction.
• whilst yet to be confirmed, likely that call-overs will be listed mid-late July 2007.

In brief, Practice Direction No. 13 requires the parties to:

• file and serve on all other parties a list of all changes proposed to the Award
  • this should be a list of all specific changes except where substantial changes are proposed. Where substantial changes are proposed the list may refer to the subject areas of change.
  • this includes a situation where it is considered that the Award is obsolete and should be rescinded.
• file a Notice of Appearance
  [these steps have to be taken at least one week before the call-over date]
• confer with all other parties on any proposed changes prior to the call-over date so that all parties are in a position to advise at call-over

[this should occur no later than during the week before the call-over date]

What will happen at call-over?

• where there are no issues or matters that require attention in respect of the Award the matter will be marked as "Award Reviewed" [proceedings finalised]
• where the Award is obsolete the matter will be marked "Award Obsolete" [proceedings finalised]
• where there are issues or matters that require attention in respect of the Award such directions as are necessary will be made and the file will be either retained or referred to another Member of the Commission for finalisation.

The Commission expects that all parties to the Award Review Process will comply with Practice Direction No. 13 and thereby ensure that at the call-overs any issues are clearly identified to facilitate future proceedings.

The principles of the Award Review process have been defined by the Full Bench of the Commission in Principles for Review of Awards - State Decision 1998 and Poultry Industry Preparation (State) Award and Other Awards, Re [2003].


Mick Grimson
Industrial Registrar.