Port Waratah Coal Services Enterprise Agreement 2005 [2005] NSWIRComm 82

Industrial Relations Commission of New South Wales

CITATION: Port Waratah Coal Services Enterprise Agreement 2005 [2005] NSWIRComm 82

Port Waratah Coal Services Limited PARTIES: Transport Workers' Union of New South Wales (TWU); The Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union (AFMEPKIU); New South Wales Local Government, Clerical, Administrative, Energy, Airlines & Utilities Union (USU); The Australian Workers' Union, New South Wales (AWU); The Electrical Trades Union of Australia, NSW Branch (ETU); Construction, Forestry, Mining and Energy Union (NSW Branch) (CFMEU)

FILE NUMBER(S): IRC 1102 of 2005

CORAM: Harrison DP

CATCHWORDS: Application for approval of enterprise agreement - export coal industry - counterpart Federal agreement - agreement approved

LEGISLATION CITED: Industrial Relations Act 1996

HEARING DATES: 03/08/2005 EXTEMPORE JUDGMENT DATE: 03/15/2005

APPLICANT Solicitor Ms A Koelmeyer Workplace Law

LEGAL REPRESENTATIVES: RESPONDENTS Mr J Boyle, SUA; CEPU; AWU Mr G Rodger, TWU Mr S Murphy, AFMEPKIU Mr R Potter, USU

JUDGMENT:

- 3 - INDUSTRIAL RELATIONS COMMISSION OF NEW SOUTH WALES

CORAM: HARRISON DP

15 March 2005

Matter No IRC 1102 of 2005

PORT WARATAH COAL SERVICES ENTERPRISE AGREEMENT 2005

Application by Port Waratah Coal Services Limited for approval of enterprise agreement

DECISION

[2005] NSWIRComm 82

1 This is an application by Port Waratah Coal Services Limited ("the Company") seeking approval of an enterprise agreement between the Company and the following industrial organisations ("the Unions"): · Transport Workers' Union of New South Wales (TWU); · The Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union (AFMEPKIU) · New South Wales Local Government, Clerical, Administrative, Energy, Airlines & Utilities Union (USU) · The Australian Workers' Union, New South Wales (AWU) · The Electrical Trades Union of Australia, NSW Branch (ETU) · Construction, Forestry, Mining and Energy Union (NSW Branch) (CFMEU) 2 The Agreement shall apply to the Company's operations at Carrington Coal Terminal, Kooragang Coal Terminal, and associated wharf facilities at both locations. 3 The application was subject to hearing on 8 March 2005. Mr A Koelmeyer, Solicitor of Workplace Law, appeared on behalf of the Company with Mr G Garvin. Mr J Boyle appeared on behalf of the Seamen's Union of Australia, NSW Branch (SUA) and for the CFMEU and the AWU; Mr G Rodger appeared on behalf of the TWU; Mr S Murphy appeared on behalf of the AFMEPKIU; and Mr R Potter appeared on behalf of the USU.