Industrial Relations Commission of New South Wales CITATION : Stockland Bay Village Project Award [2004] NSWIRComm 351 APPLICANT: Bovis Lend Lease Pty Ltd PARTIES : RESPONDENTS: Construction, Forestry, Mining and Energy Union, New South Wales Branch Labor Council of New South Wales FILE NUMBER: 5976 of 2004 CORAM: Sams DP CATCHWORDS : Application for a new project award - s10 of the Act - s19 of the Act complied with - consent of the parties - award does not offend wage fixing principles - compliance with the requirements of the Act - amendments filed - award made. LEGISLATION CITED : Industrial Relations Act 1996 CASES CITED : State Wage Case 2004 [2004] NSWIRComm 148 HEARING DATES: 10/29/2004 EXTEMPORE JUDGMENT DATE : 10/29/2004 APPLICANT: Ms A DeBoos LEGAL REPRESENTATIVES: RESPONDENTS: Ms R Mallia, Construction, Forestry, Mining and Energy Union, New South Wales and the Labor Council of New South Wales JUDGMENT: - 4 - INDUSTRIAL RELATIONS COMMISSION OF NEW SOUTH WALES CORAM : SAMS, DP 12 November 2004 Matter No. IRC04/5976 STOCKLAND BAY VILLAGE PROJECT AWARD Application by Bovis Lend Lease Pty Ltd for a new award EX TEMPORE DECISION [2004] NSWIRComm 351 1 This is an application, pursuant to section 10 of the Industrial Relations Act 1996 ('the Act'), filed by Bovis Lend Lease Pty Ltd ('the applicant') for a new project award to cover its Stockland Bay Village Project. 2 The matter was originally before Walton J, Acting President for directions on 18 October 2004. During the proceedings, the Commission raised with the parties the effect of clause 8.4(a) in the proposed Award. The application was adjourned to allow the parties to file written submissions on the matter. 3 The matter was subsequently re-allocated to me. The matter was listed for hearing on 29 October 2004. On that occasion, Ms A Deboos appeared for the applicant and Ms R Mallia appeared for the Construction, Forestry, Mining and Energy Union, New South Wales and the Labor Council of New South Wales ('the respondents'). 4 Ms DeBoos made joint submissions on behalf of the parties. The submissions were: 1. An application for a new Award named Stockland Bay Village Project Award was filed on 8 October 2004. Accompanying the application was an Affidavit of Alice Mary DeBoos dated 5 October 2004. 2. The award has been negotiated between Bovis Lend Lease and Newcastle Labor Council together with Newcastle and Central Coast representatives of the participating unions (listed in Part 2 of Annexure A to the award). 3. The proposed award covers the refurbishment and construction of the Stockland Bay Village shopping centre in Bateau Bay on the Central Coast. This is a project with an overall value in excess of $25 million which is due for completion in June 2005. 4. The project is offering all participants the opportunity to share in long term benefits through acquiring new skills and learning innovative ways of working. The Company's philosophy is that the best way of achieving those benefits is through consensus and working in partnership towards common goals and achievements. 5. The award aims to provide an effective basis for the management of industrial relations during the construction of the respective Project. 6. The proposed Award applies to all on-site employees of Bovis Lend Lease Pty Ltd and its subcontractors covered by the Awards listed in the application. 7. The purpose of the Award is set out in Clause 3, Objectives, and encompasses continued commitment to the areas of: i. work organisation ii. people development and skilling; iii. high standards of health and safety, and improved impact on the environment and iv. elimination of unproductive time. 8. The proposed Award has as a central tenant, the commitment of all parties to the success of the Project and compliance with the project plans in relation to EHS, inductions (at clause 7.1) and, productivity initiatives including learning initiatives (at clause 10.1) 9. Clause 6 in the Award provides a fundamental feature of the agreement between the parties, namely that productivity payments are to be made to employees, on the basis of the achievement of specified programme and scheduled milestones. These milestones are set out in Annexure B to the proposed Award. The determination as to whether the milestones have been met is a function of a monitoring committee which is to be established pursuant to clause 9 of the proposed Award, and which included representatives of the parties to the Award. 10. The parties have also agreed to maximise the available working time on the project by staggering meal-times (see clause 10.5) and, when required, increasingly the flexibility of rostered days off (see clause 10.4, subject to the Project Close-Down Calender), as well as steps to minimise disruption due to inclement weather (clause10.2). 5 The parties filed an amended application marked Exhibit 1 in the proceedings. Having read the submissions of the parties, I approve the making of a new Award marked Exhibit 1, pursuant to s10 of the Act and the State Wage Case 2004 [2004] NSWIRComm 148. The Award will be known as the Stockland Bay Village Project Award. 6 The Award shall take effect on and from 1 April 2004, and remain in force for a period of two years thereafter. The Commission notes that the practical completion date for the project is June 2005. 7 These proceedings are now concluded. Peter J Sams AM Deputy President 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.