Industrial Relations Commission of New South Wales CITATION: Downer Energy Systems Pty Ltd and Clyde Babcock-Hitachi (Australia) Pty Ltd Condong and Broadwater Co-Generation Construction Projects Consent Award 2005 [2005] NSWIRComm 466 Unions NSW Australian Workers' Union, New South Wales Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union Construction, Forestry, Mining and Energy Union (NSW Branch) PARTIES: Electrical Trades Union of Australia, NSW Branch New South Wales Plumbers and Gasfitters Employees' Union Transport Workers' Union of New South Wales, New South Wales Downer Energy Systems Pty Ltd and Clyde Babcock-Hitachi (Australia) Pty Ltd FILE NUMBER(S): IRC 6482 of 2005 CORAM: Harrison DP CATCHWORDS: Application for award - consent project award - stand alone award - to provide productivity, efficiency, cost effectiveness and stable industrial relationships- environmentally significant project - award made in terms of application. LEGISLATION CITED: Industrial Relations Act 1996 HEARING DATES: 12/12/2005 DATE OF JUDGMENT: 12/12/2005 APPLICANT Mr P McPherson Unions NSW LEGAL REPRESENTATIVES: RESPONDENT Mr A Igo JUDGMENT: - 2 - INDUSTRIAL RELATIONS COMMISSION OF NEW SOUTH WALES CORAM: HARRISON DP 12 December 2005 Matter No IRC 6482 of 2005 DOWNER ENERGY SYSTEMS PTY LTD AND CLYDE BABCOCK-HITACHI (AUSTRALIA) PTY LTD CONDONG AND BROADWATER CO-GENERATION CONSTRUCTION PROJECTS CONSENT AWARD 2005 Application by Unions NSW for a new award DECISION [2005] NSWIRComm 466 1 This is an application by Unions NSW for the making of an award between the following parties: · Downer Energy Systems Pty Ltd · Unions NSW · The Australian Workers' Union, New South Wales (AWU) · the Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union (AFMEPKIU) · Construction, Forestry, Mining and Energy Union (NSW Branch) (CFMEU) · The Electrical Trades Union of Australia, NSW Branch (ETU) · The New South Wales Plumbers and Gasfitters Employees' Union (PGEU) · Transport Workers' Union of New South Wales, New South Wales Branch (TWU) ("the unions") 2 The application seeks a consent project award to apply to the construction of electricity generating facilities being undertaken by Downer Energy Systems Pty Ltd and Clyde Babcock-Hitachi (Australia) Pty Ltd at Condong and Broadwater sugar mills, which are situated approximately 120 kilometres apart on the North Coast of New South Wales. 3 The project involves construction of a 30 megawatt electricity generating unit at each facility fuelled principally by sugar cane waste. The project, valued in excess of $150 million, is described as environmentally significant, and will have a peak workforce of 180 employees over the three year construction period commencing in late 2005. 4 The application was subject to hearing on 12 December 2005. 5 Mr P McPherson appeared on behalf of Unions NSW and other named unions respondent to the award. Mr A Igo appeared on behalf of Downer Energy Systems Pty Ltd and Clyde Babcock-Hitachi (Australia) Pty Ltd ('the respondent'). 6 Mr McPherson submitted that the proposed award, which is the result of negotiations between the parties, is comprehensive in nature and intended to be a stand alone project award. Mr McPherson put that the proposed award will provide for productivity, efficiency and cost effectiveness and that the disputes resolution provisions will assist the parties to maintain a stable industrial relationship. 7 Mr McPherson put that the application satisfies all legislative and statutory requirements for the making of an award. 8 Mr Igo supported the submissions of Mr McPherson and enunciated the consent of the respondent to the making of the award in terms of the application. 9 I am satisfied that the application meets all legislative requirements and that it is presented to the Commission with the genuine consent of the parties. 10 The Downer Energy Systems Pty Ltd and Clyde Babcock-Hitachi (Australia) Pty Ltd Condong and Broadwater Co-Generation Construction Projects Consent Award 2005 is made by consent of the parties in accordance with the application, to apply from 1 October 2005 and remain in force for a period of three years therefrom, or practical completion of each project, whichever occurs first. 11 The award rescinds and replaces the Condong and Broadwater Co-Generation Construction Projects Consent Award 2003 342 IG 106. An order of rescission issues herewith. 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.