Industrial Relations Commission of New South Wales CITATION: The Australian Inland Consent Award 2004 [2005] NSWIRComm 179 APPLICANT: Barrier Industrial Council PARTIES: RESPONDENT: Australian Inland FILE NUMBER(S): 1911 of 2005 CORAM: Sams DP CATCHWORDS: Application for a new award in Broken Hill - Australian Inland Energy - two hundred employees - two years of negotiation - first award for this industry - wage increases - improvements in conditions - industrial merit - award made - two year duration. LEGISLATION CITED: Industrial Relations Act 1996 CASES CITED: State Wage Case 2004 [2004] NSWIRComm 148 HEARING DATES: 04/19/2005 EXTEMPORE JUDGMENT DATE: 04/19/2005 APPLICANTS: Mr D O'Conner, Barrier Industrial Council Ms R Ferry, Shop Distributive and Allied Employees Union of New South Wales LEGAL REPRESENTATIVES: Mr E Butcher, Construction, Forestry, Mining and Energy Union of New South Wales and the Australian Services Union, New South Wales Branch RESPONDENT: Mr K Ferguson, Inland Australia JUDGMENT: INDUSTRIAL RELATIONS COMMISSION OF NEW SOUTH WALES CORAM : SAMS, DP 31 May 2005 Matter No. IRC04/6774 HANSON CONSTRUCTION MATERIALS PTY LTD AND TRANSPORT WORKERS' UNION OF NEW SOUTH WALES Application by Hanson Construction Materials Pty Ltd for a Contract Determination pursuant to section 316 of the Industrial Relations Act 1996 DECISION [2005] NSWIRComm 177 1 This is an application, pursuant to s316 of the Industrial Relations Act 1996 ('the Act') filed by Hanson Construction Materials Pty Ltd ('the applicant') for a Contract Determination with the Transport Workers Union of New South Wales ('the Union'). 2 At the first hearing of the matter on 6 December 2004, Mr M Diamond (Agent) appeared for the applicant and Mr C Heuston appeared for the Union. During the preliminary submissions, Mr Heuston advised the Commission that a consent position had not yet been reached. Accordingly, the Commission adjourned the matter to allow for further negotiations between the parties. 3 The matter was next before the Commission on 11 February 2005. Mr Heuston again advised the Commission that the parties were not in a consent position. The matter was adjourned and the parties were directed to inform the Commission within 14 days of whether the parties were able to reach agreement. 4 On 21 April the Commission received a letter from applicant advising that the parties were ready to proceed by consent. The matter was listed on 27 April 2005. I note that the new Contract Determination is to cover about 135 contract carriers engaged to carry concrete produced by the company. The agreement provides up to a ten year cartage contract with a rise and fall formula and review mechanism. 5 Having heard the submissions of the parties, the Commission delivered a short ex tempore decision in the following terms: The Commission is prepared to make the Contract Determination as outlined in exhibit 1 tendered in the proceedings today by Mr Diamond and supported by the Union on behalf of the contract drivers. The Contract Determination shall be known as the Hanson Construction Materials Concrete Carriers Contract Determination and shall take effect on and from 1 November 2004 and remain in force for a period of three years thereafter. I note, however, the determination represents a 10-year commitment by the parties to the terms of the Determination. 6 I commend the parties for resolving their negotiations by the making of this Determination. 7 These proceedings are now concluded. Peter J Sams AM Deputy President 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.