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. 4 The application is supported by the necessary Statement of Particulars and an affidavit signed by Mr Greg Garvin in his capacity as Specialist Adviser Employee Relations & Security for the Company, deposing that the agreement complies with all relevant statutory requirements, satisfies the no net detriment test and was not entered into under duress. 5 Ms Koelmeyer in the course of submissions took the Commission to the detail of Agreement, demonstrating the compliance of the Agreement with the requirements for approval. 6 Messrs Boyle, Rodger, Murphy and Potter enunciated the Unions' support for approval of the Agreement. 7 This agreement is presented for approval concurrently with a counterpart Federal agreement certified in the same proceedings, the Commission as presently constituted sitting in the capacity of Deputy President of the Australian Industrial Relations Commission pursuant to a Commission of Dual Appointment. 8 This agreement and its counterpart Federal agreement continue a decade of industrial regulation of an important export industry by concomitant State and Federal instruments. 9 These arrangements have produced an era of industrial stability and a culture of compliance with disputes settlement procedures which have allowed the parties to direct their efforts toward the technical, logistic, and organisational difficulties confronting an organisation dedicated to the service of a complex industry in a sometimes volatile market. 10 The concomitant industrial instruments recognise and serve the national and international nature of the business and various State and Federally registered unions operating in a regional community. 11 I am satisfied that the application adequately demonstrates that the Agreement submitted for approval complies with all necessary tests and has the genuine consent of the parties. 12 The Port Waratah Coal Services Limited Enterprise Agreement 2005 is made in accordance with the application to take effect on and from 8 March 2005 to remain in force until 21 August 2007. oo0oo DISCLAIMER - Every effort has been made to comply with suppression orders or statutory provisions prohibiting publication that may apply to this judgment or decision. The onus remains on any person using material in the judgment or decision to ensure that the intended use of that material does not breach any such order or provision. Further enquiries may be directed to the Registry of the Court or Tribunal in which it was generated.