Notification under Section 130 by The Australian Workers' Union of a dispute with John Holland Pty Limited re site allowances [2005] NSWIRComm 1134

Industrial Relations Commission of New South Wales

CITATION: Notification under Section 130 by The Australian Workers' Union of a dispute with John Holland Pty Limited re site allowances [2005] NSWIRComm 1134

APPLICANT Australian Workers Union PARTIES: RESPONDENT John Holland Pty Limited

FILE NUMBER(S): IRC 3304 of 2005

CORAM: Murphy C

Site allowance claim for $1.20 p.h. Byron Bay Sewerage Augmentation Project - inspection of alleged aspects of, inter alia, rough entrance road - mist from aerators of sewage - condoms observed floating in retention ponds -mosquito infestation - rough landscape - odour from inlet function - CATCHWORDS: Claim refused on basis of evidence showing sufficient mitigation of unpleasant aspects such as shade cloth around aerator to prevent mist travelling - cover over inlet to minimise odour - no evidence of inordinate roughness of roadway or site or mosquitoes - AWU members and employees under General Construction Award subject of claim enjoyed significantly higher over-award payment in line with CFMEU members also on site covered by Federal agreement but who are prevented from pursuing such site claim.

LEGISLATION CITED: Industrial Relations Act 1996

Ermani Constructions Pty Ltd and Australian Workers Union. Commission in Court Session Matter 19.3.1988 Matter No. 240 of 1987. CASES CITED: Public Works Department Re site allowance - Watson J 1974 AR @ 166. Transbridge Pty Ltd. Nepean River Bridge Menangle Award 1979 IR @ 383

HEARING DATES: 05/07/1414; 08/02/2005 EXTEMPORE JUDGMENT DATE : 08/02/2005