Industrial Relations Commission of New South Wales CITATION : Iron and Steel Works Employees (Australian Iron and Steel Pty Limited - Port Kembla) Award & anor [2001] NSWIRComm 140 APPLICANTS: BHP Steel (AIS) Pty Limited BHP Steel (JLA) Pty Limited PARTIES : RESPONDENTS: Australian Workers' Union, New South Wales Branch Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union, New South Wales Branch Electrical Trades Union of Australia, New South Wales Branch Construction Forestry Mining and Energy Union, New South Wales Branch FILE NUMBER: IRC 2403 and 5284 of 2000 CORAM: Walton J Vice-President CATCHWORDS : Application for variation of award - Application the subject of considerable negotiation and conciliation - Operation of s17 of the Act - Variation conforms with wage fixing principles - Awards varied in terms of applications as amended LEGISLATION CITED : Industrial Relations Act 1996 HEARING DATES: 05/29/2001 EXTEMPORE JUDGMENT DATE : 05/29/2001 APPLICANTS: Mr D Lloyd Blake Dawson Waldron Solicitors RESPONDENTS: Mr A Whiley LEGAL REPRESENTATIVES: Australian Workers' Union, New South Wales Branch Mr W Phillips Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union, New South Wales Branch Mr J Thornton Electrical Trades Union of Australia, New South Wales Branch Mr P Zaboyak Construction Forestry Mining and Energy Union, New South Wales Branch JUDGMENT: - 1 - INDUSTRIAL RELATIONS COMMISSION OF NEW SOUTH WALES CORAM: Walton J, Acting President Tuesday 29 May 2001 Matter No. IRC2403 of 2000 IRON AND STEEL WORKS EMPLOYEES (AUSTRALIAN IRON AND STEEL PTY LIMITED - PORT KEMBLA) AWARD Application by BHP Steel (AIS) Pty Limited for Variation Re Clause 27C Retention of Rate. Matter No. IRC5284 of 2000 JOHN LYSAGHT (AUSTRALIA) LIMITED - PORT KEMBLA GENERAL AWARD Application By BHP Steel (JLA) for Variation Re Clause 27b, Retention of Rate DECISION (Extempore) [2001] NSWIRComm 140 1 These matters now proceed upon the basis of amended applications which are reflected in Exs A and B in the proceedings. Those amended applications are in relatively similar terms, noting that there presently exists some differences between the two awards which are the subject of the proceedings which have the impact of requiring some variations in the form of the proposed clause. 2 It is important to note at the outset that the provision which is now sought by the applicant and consented to by the union parties is one deriving from a substantial and lengthy conciliation process. That conciliation process involved the parties engaging in not only considerable discussion between their respective representatives but involved consultation with the work force from time to time. 3 Furthermore, the Commission has throughout the course of the hearing of these matters assisted the parties in conciliation at various points. 4 I raise that matter as it is important to note firstly that the parties have attended to these issues in a mature and responsible way which is reflected in the outcome of the proceedings now before the Commission and also to indicate that the provisions which are now proposed have been the subject of some considerable reflection by the parties over some extended period of time. 5 During the course of that process I have had the opportunity of considering the various proposals and counter proposals of the parties. I consider that the proposed variations to the awards represent a reasonable outcome to those processes and have industrial merit in all the circumstances. 6 The clause concerning "retention rates" in the proposed variations contains a grandparenting provision which forms an important part of the ultimate consent reached between the parties in this matter. 7 I consider that the consent arrangements reached between the parties are genuine and, in the circumstances, should attract the operation of s17 of the Act. 8 I also consider that having regard to the changes proposed, the applications also conform with the wage fixing principles so far as they apply to the variation of conditions of employment in awards. 9 In all the circumstances, I consider it is appropriate to vary the awards in terms of Exhibits A and B in the proceedings. 10 Accordingly, I vary the BHP Steel (AIS) Pty Limited Port Kembla Steelworks Award 2000 in terms of Ex A in the proceedings. That variation shall take effect on and from 21 May 2001 and shall remain in force for a period of six months. 11 Further, I vary the John Lysaght (Australia) Limited - Port Kembla General Award in terms of Ex B in these proceedings. That variation shall take effect on and from 29 May 2001. 12 The applications, as reflected in Exs A and B, have a series of handwritten notations which form part of the amended application and thereby are reflected in this variation. 13 The applicant should produce a document in a final form which is, in its fully typed version, a document reflecting those amendments. That document should be filed in the Registry within seven days and contain with it a disk containing an electronic version of the variation of the award made by the Commission today. [Note: The document referred to in paragraph 13 of this decision was filed on 5 June 2001 by the solicitors for the companies.] 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.