3 On 19 June 2001 the Commission gave an extempore decision in relation to the application and notices of award review as follows:
In this matter the Commission has before it an application to establish a new award which is to be entitled the BHP Steel (JLA) Pty Limited - Springhill and CRM Works Employees Award 2001, together with a series of notices of award review issued pursuant to s 19 of the Act. In each case, those notices of award review relate to presently extant awards operating in relation to the subject company.
The application today proceeds upon the basis of consent of the parties. That consent is expressed within the amended application which appears within Ex 1 in the proceedings. It should be noted that Ex 1 has been amended so as to delete the final sentence appearing in cl6.2 on p8 and by deleting the words and brackets "decision date" appearing in cl3.4 and inserting the numbers and word "19 June 2001".
I have considered the rather helpful and detailed submissions put by Mr Lloyd today. I consider that it is appropriate that the award as proposed in its amended form be made by the Commission. In those circumstances, I make the award in terms of Ex 1, as amended. That award shall take effect on and from the first pay period beginning on or after 19 June 2001 and shall remain in force for a period of twelve months.
I shall give detailed reasons for the making of that decision in due course. However, for present purposes I direct that an affidavit be filed in the proceedings within fourteen days in conformity with practice direction number 6. That affidavit will attend to the various matters put by Mr Lloyd today in relation to s23 of the Act and, in particular, will deal with the non-restructured components of the classifications within the award.
I note that the award, so made, rescinds and replaces a number of awards which are described in cl3.1 of that award. Those awards correspond to the award review matters numbered 2612, 2614, 2624, 2648, 2650 and 5122 of 1999 in these joined proceedings. In the result the Commission orders the rescission of those awards, thereby rendering obsolete any further proceedings. The award review proceedings are thereby concluded upon the basis of this decision.
As I have noted, in due course I shall give more extensive reasons in this matter. I direct that the applicant file within a fourteen day period a further copy of Ex 1 in the proceedings containing the amendments that have been identified earlier. I further direct that further copy of Ex 1, as amended, should be provided in an appropriate electronic form for the purposes of the gazettal of the award in due course. The floppy disk, so filed, should be accompanied by certification that the electronic record conforms with the terms of Ex 1, as amended.
4 I now provide my reasons for that decision.