Industrial Relations Commission of New South Wales CITATION: Port Waratah Coal Services Project 3D Consent Award 2005 [2005] NSWIRComm 420 Australian Industry Group; Bechtel Australia Pty Ltd; Unions New South Wales; Newcastle Trades Hall Council; Australian Workers' Union, New South Wales; Australian Manufacturing Workers' Union; Construction, Forestry, Mining and Energy Union (NSW Branch); Electrical Trades Union of Australia, NSW Branch;The New South Wales Local Plumbers and Gasfitters Employees Union; Transport Workers' Union of New South Wales. PARTIES: FILE NUMBER(S): IRC 5472 of 2005 CORAM: Harrison DP CATCHWORDS: Application for a new award - Application by consent of the parties - stand-alone award - construction project - Award made by consent LEGISLATION CITED: Industrial Relations Act 1996 HEARING DATES: 11/02/2005 EXTEMPORE JUDGMENT DATE: 11/14/2005 APPLICANT Mrs E Morson AIG LEGAL REPRESENTATIVES: RESPONDENTS Mr P McPherson Unions NSW JUDGMENT: - 2 - INDUSTRIAL RELATIONS COMMISSION OF NEW SOUTH WALES CORAM: HARRISON DP 14 NOVEMBER 2005 Matter No IRC 5472 of 2005 PORT WARATAH COAL SERVICES PROJECT 3D CONSENT AWARD 2005 Application by the Australian Industry Group - New South Wales Branch for a new award DECISION [2005] NSWIRComm 420 1 This is an application by the Australian Industry Group (AIG) for the making of a consent award. The parties to be bound by the consent award are: · Australian Industry Group on behalf of all contractors engaged on work that falls within the application and scope of the award · Bechtel Australia Pty Ltd · All employees of contractors engaged on the Port Waratah Coal Services Project 3D whether members of the organisations listed below or not. · Unions New South Wales · Newcastle Trades Hall Council · The Australian Workers' Union, New South Wales (AWU) · The Australian Manufacturing Workers' Union, registered as the AFMEPKIU · The Construction, Forestry, Mining and Energy Union (NSW Branch) (CFMEU) · The Electrical Trades Union of Australia, NSW Branch (ETU) · The New South Wales Local Plumbers and Gasfitters Employees Union (PGEU) · The Transport Workers' Union of New South Wales (TWU). 2 The application was subject to hearing on 2 November 2005. Mrs E Morson appeared on behalf of the AIG with Mr Murray-Allen. Mr P McPherson appeared on behalf of Unions New South Wales, Newcastle Trades Hall Council, the AWU, CFMEU, ETU, PGEU and TWU. Mr D Wallace appeared on behalf of the AFMEPKIU. 3 The award sought is to provide industrial regulation for the expansion of Port Waratah Coal Terminal, identified as "PWCS Project 3D". 4 The project is a significant expansion of the Port Waratah Coal Services (PWCS) facilities at Kooragang Island, which will increase the coal handling capacity of the Port of Newcastle, which is of significant regional, State and national importance. 5 The award is sought by consent of the parties to provide foundation regulation for good order, co-operation, productivity, efficiency and cost effectiveness on the project. 6 The award sought will enable the parties to implement their agreement and is put by the applicant to be in the public interest. 7 The award sought documents the consent of the parties, its application and scope. The award contains the necessary no extra claims provision, disputes settlement procedure and anti-discrimination provisions, as well as detailing leadership responsibilities and those of employees, a commitment to continuous improvement and site safety procedures including induction requirements, a drug and alcohol policy and provision for employee amenities. 8 Mrs Morson submitted that the award sought will stand alone, without reliance on or reference to other awards for conditions of employment. 9 Mrs Morson submitted that the award sought complies with statutory requirements and State Wage Fixation Principles. 10 Mr McPherson, supported by Mr Wallace, concurred with the submissions of Mrs Morson and enunciated the consent of the unions to the making of the Award in the terms of the application. 11 I am satisfied that the application meets all legislative requirements; that it conforms with the relevant State Wage Case principles; and that it is presented to the Commission with the genuine consent of the parties. 12 The Port Waratah Coal Services Project 3D Consent Award 2005 is made in accordance with the application with effect from 1 October 2005 to remain in force until 1 October 2008. 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.