Industrial Relations Commission of New South Wales CITATION : Condong and Broadwater Co-Generation Construction Projects Consent Award 2003 [2003] NSWIRComm 319 PARTIES : Labor Council of New South Wales Downer Energy Systems Pty Ltd and Clyde Babcock-Hitachi (Australia) Pty Ltd Consortium FILE NUMBER: IRC 4604 of 2003 CORAM: Harrison DP CATCHWORDS : Application for new award to regulate wages and conditions of employment for the construction of two Co-Generation plants in Northern New South Wales sugar mills at Condong and Broadwater - 24 hour operation generating renewable electrical power and process steam through the combustion of biomass fuel. Application approved - Award made. LEGISLATION CITED : Industrial Relations Act 1996 HEARING DATES: 08/29/2003 EXTEMPORE JUDGMENT DATE : 10/01/2003 Applicant Mr R Alexander LEGAL REPRESENTATIVES: Respondent Mr P Knight JUDGMENT: - 2 - INDUSTRIAL RELATIONS COMMISSION OF NEW SOUTH WALES CORAM: HARRISON DP 1 October 2003 Matter No IRC 4604 of 2003 CONDONG AND BROADWATER CO-GENERATION CONSTRUCTION PROJECTS CONSENT AWARD 2003 Application by Labor Council of New South Wales for a new award DECISION [2003] NSWIRComm 319 1 This is an application by the Labor Council of New South Wales for the making of a new award. The application was filed on 20 August 2003 and subject to hearing on 29 August 2003. 2 Mr R Alexander appeared on behalf of the Electrical Trades Union of Australia, New South Wales Branch (ETU); the Labor Council of New South Wales; the Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union, New South Wales (AMWU); and The New South Wales Plumbers and Gasfitters Employees' Union (PGEU). Mr P Harris appeared on behalf of Construction, Forestry, Mining and Energy Union, New South Wales Branch (CFMEU). Mr M Forbes appeared on behalf of the Transport Workers' Union of Australia, New South Wales Branch (TWU). Mr A Stone appeared on behalf of the Australian Workers' Union, New South Wales (AWU). Mr P Knight appeared on behalf of Downer Energy Systems Pty Ltd and Clyde Babcock-Hitachi (Australia) Pty Ltd Consortium ('the Consortium') with Mr M Santomauro and Mr E Jennings. 3 The award sought is to regulate wages and conditions of employment for the construction of two Co-Generation plants in Northern New South Wales sugar mills at Condong and Broadwater. The plants are to operate on a 24 hour basis, generating renewable electrical power and process steam through the combustion of biomass fuel. 4 Mr Alexander put that the application satisfies all legislative and statutory requirements for the making of an award. 5 The award contains the necessary disputes procedure as well as processes to deal with inclement weather and occupational health and safety commitments. Mr Alexander noted that Clause 22, Working Away From Home contains a sub-clause 22.4 Mobility to resolve issues where an employee is sent from their usual locality to another. 6 Mr Knight enunciated the consent of the consortium to the application and the making of the award. 7 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. 8 The award sought is a comprehensive determination of wages and conditions arising from detailed consultation and negotiation between the parties. 9 The Condong and Broadwater Co-Generation Construction Projects Consent Award 2003 is made in accordance with the application, to take effect on and from 29 September 2003 and remain in force for a period of three years therefrom. oo0oo - 2 - INDUSTRIAL RELATIONS COMMISSION OF NEW SOUTH WALES CORAM: HARRISON DP 1 October 2003 Matter No IRC 4604 of 2003 CONDONG AND BROADWATER CO-GENERATION CONSTRUCTION PROJECTS CONSENT AWARD 2003 Application by Labor Council of New South Wales for a new award DECISION 1 This is an application by the Labor Council of New South Wales for the making of a new award. The application was filed on 20 August 2003 and subject to hearing on 29 August 2003. 2 Mr R Alexander appeared on behalf of the Electrical Trades Union of Australia, New South Wales Branch (ETU); the Labor Council of New South Wales; the Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union, New South Wales (AMWU); and The New South Wales Plumbers and Gasfitters Employees' Union (PGEU). Mr P Harris appeared on behalf of Construction, Forestry, Mining and Energy Union, New South Wales Branch (CFMEU). Mr M Forbes appeared on behalf of the Transport Workers' Union of Australia, New South Wales Branch (TWU). Mr A Stone appeared on behalf of the Australian Workers' Union, New South Wales (AWU). Mr P Knight appeared on behalf of Downer Energy Systems Pty Ltd and Clyde Babcock-Hitachi (Australia) Pty Ltd Consortium ('the Consortium') with Mr M Santomauro and Mr E Jennings. 3 The award sought is to regulate wages and conditions of employment for the construction of two Co-Generation plants in Northern New South Wales sugar mills at Condong and Broadwater. The plants are to operate on a 24 hour basis, generating renewable electrical power and process steam through the combustion of biomass fuel. 4 Mr Alexander put that the application satisfies all legislative and statutory requirements for the making of an award. 5 The award contains the necessary disputes procedure as well as processes to deal with inclement weather and occupational health and safety commitments. Mr Alexander noted that Clause 22, Working Away From Home contains a sub-clause 22.4 Mobility to resolve issues where an employee is sent from their usual locality to another. 6 Mr Knight enunciated the consent of the consortium to the application and the making of the award. 7 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. 8 The award sought is a comprehensive determination of wages and conditions arising from detailed consultation and negotiation between the parties. 9 The Condong and Broadwater Co-Generation Construction Projects Consent Award 2003 is made in accordance with the application, to take effect on and from 29 September 2003 and remain in force for a period of three years therefrom. 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.