Hydro Aluminium Kurri Kurri Smelter Upgrade and Retro-Fit Enterprise Agreement 2004 [2004] NSWIRComm 132

Industrial Relations Commission of New South Wales

CITATION : Hydro Aluminium Kurri Kurri Smelter Upgrade and Retro-Fit Enterprise Agreement 2004 [2004] NSWIRComm 132 APPLICANT Australian Industry Group (NSW Branch) RESPONDENTS The Labour Council of New South Wales; PARTIES : Newcastle Trades Hall Council; The Australian Workers' Union, New South Wales (AWU); Australian Manufacturing Workers' Union, NSW Branch (AMWU); Construction, Forestry, Mining and Energy Union, Construction and General Division (NSW Branch) (CFMEU); Electrical Trades Union of Australia, NSW Branch (ETU); The NSW Plumbers and Gasfitters Employees' Union (PGEU); Transport Workers' Union of Australia, NSW Branch (TWU). FILE NUMBER: IRC 2726 of 2004 CORAM: Harrison DP CATCHWORDS : Application for enterprise agreement to apply to Kurri Kurri Smelter Upgrade Construction Project - Agreement approved LEGISLATION CITED : Industrial Relations Act 1996 HEARING DATES: 05/18/2004 EXTEMPORE JUDGMENT DATE : 05/21/2004

APPLICANT Mrs E Morson AIG LEGAL REPRESENTATIVES: RESPONDENTS Mr P McPherson, Labor Council Mr M Forbes, TWU

JUDGMENT: - 1 - INDUSTRIAL RELATIONS COMMISSION OF NEW SOUTH WALES

CORAM: HARRISON DP 21 May 2004

Matter No IRC 2726 of 2004

HYDRO ALUMINIUM KURRI KURRI SMELTER UPGRADE AND RETRO-FIT ENTERPRISE AGREEMENT 2004 Application by Australian Industry Group for approval of an enterprise agreement. DECISION [2004] NSWIRComm 132 1 This is an application by the Australian Industry Group, New South Wales Branch (AIG) seeking approval of an enterprise agreement between: 1. The employer(s): All contractors, subcontractors and supplementary labour providers engaged on the area known as the Hydro Aluminium Smelter Upgrade and Retro-Fit Construction Site and in other areas of the existing plant where work is directly associated with the construction and expansion in respect of the SURF project at the smelter; and 2. The Labour Council of New South Wales; Newcastle Trades Hall Council; The Australian Workers' Union, New South Wales (AWU); Australian Manufacturing Workers' Union, NSW Branch (AMWU); Construction, Forestry, Mining and Energy Union, Construction and General Division (NSW Branch) (CFMEU); Electrical Trades Union of Australia, NSW Branch (ETU); The NSW Plumbers and Gasfitters Employees' Union (PGEU); Transport Workers' Union of Australia, NSW Branch (TWU). 2 The application was subject to hearing on 18 May 2004. Mrs E Morson appeared on behalf of the AIG. Mr P McPherson appeared on behalf of the Labor Council, the AWU, AMWU, ETU, PGEU, CFMEU and Newcastle Trades Hall Council. Mr M Forbes appeared on behalf of the TWU.