Industrial Relations Commission of New South Wales CITATION: Bechtel Australia Pty Limited Port Waratah Coal Services Project 3D Enterprise Agreement 2005 [2005] NSWIRComm 434 Bechtel Australia Pty Limited PARTIES: Unions New South Wales; Newcastle Trades Hall Council; The Australian Workers' Union, New South Wales; The Australian Manufacturing Workers' Union, registered as the AFMEPKIU; The Construction, Forestry, Mining and Energy Union (NSW Branch); The Electrical Trades Union of Australia, NSW Branch; The New South Wales Local Plumbers and Gasfitters Employees Union; The Transport Workers' Union of New South Wales FILE NUMBER(S): IRC 5870 of 2005 CORAM: Harrison DP CATCHWORDS: Application for approval of enterprise agreement - LEGISLATION CITED: Industrial Relations Act 1996 HEARING DATES: 11/18/2005 EXTEMPORE JUDGMENT DATE: 11/22/2005 APPLICANT Mrs E Morson Australian Industry Group LEGAL REPRESENTATIVES: RESPONDENTS Mr P McPherson Unions NSW JUDGMENT: - 2 - INDUSTRIAL RELATIONS COMMISSION OF NEW SOUTH WALES CORAM: HARRISON DP 22 NOVEMBER 2005 MATTER NO IRC 5870 OF 2005 BECHTEL AUSTRALIA PTY LIMITED PORT WARATAH COAL SERVICES PROJECT 3D ENTERPRISE AGREEMENT 2005 Application by the Australian Industry Group - New South Wales Branch for an enterprise agreement DECISION [2005] NSWIRComm 434 1 This is an application by the Australian Industry Group (AIG) for approval of an enterprise agreement made between Bechtel Australia Pty Ltd ("the employer") and the following organisations: · 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 18 November 2005. Mrs E Morson appeared on behalf of the AIG. Mr P McPherson appeared on behalf of Unions New South Wales, Newcastle Trades Hall Council, the AWU, CFMEU, ETU, PGEU, TWU and AFMEPKIU. 3 This is one of a number of agreements to provide industrial regulation to the Port Waratah Coal Services 3D Expansion Project. The project is costed at approximately $150 million and will employ a peak workforce of some 150 employees over a two year period which commenced in September 2005. The project is of regional, state and national significance and will take coal loading capacity in the Port of Newcastle to over 100 million tonnes per annum. 4 This agreement relies on a number of awards, including Port Waratah Coal Services Project 3D Consent Award [2005] NSWIRComm 420, made by the Commission as presently constituted on 14 November 2005. 5 The agreement is the result of earnest discussion and negotiation between the parties and sets out appropriate broadband wage classifications, allowances, provision for employment of apprentices, leadership and employee responsibilities, a program of continuous improvement, and a system for equitable treatment of employees in circumstances of unacceptable behaviour or misconduct. 6 The agreement is comprehensive in respect to hours of work, overtime, special work and weekend work, public holidays, sick leave, carer's leave, parental leave and annual leave loading, superannuation and occupational health and safety matters. 7 The agreement contains the necessary no extra claims provision, anti-discrimination provision, and a disputes procedure which requires disputes to be dealt with directly on site at escalating levels of management and employee representative, concluding in reference of the dispute to the Industrial Relations Commission of New South Wales for conciliation, mediation or arbitration where the matter is not otherwise capable of resolution. 8 I am satisfied that the material presented to the Commission adequately demonstrates that the Agreement submitted for approval complies with all necessary tests. 9 The Bechtel Australia Pty Limited Port Waratah Coal Services Project 3D Enterprise Agreement 2005 is approved in the terms of 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.