OneSteel Wire Pty Ltd Newcastle Fence Post Plant Award [2005] NSWIRComm 290

Industrial Relations Commission of New South Wales

CITATION: OneSteel Wire Pty Ltd Newcastle Fence Post Plant Award [2005] NSWIRComm 290

OneSteel Wire Pty Ltd The Australian Workers' Union, NSW PARTIES: The Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union, NSW Branch The Electrical Trades Union of Australia, NSW Branch The NSW Plumbers and Gasfitters Employees' Union

FILE NUMBER(S): IRC 4235 of 2005

CORAM: Harrison DP

CATCHWORDS: Application for new award - rescinds and replaces 2004 award - award made by consent of the parties to apply prospectively from 1 September 2005 for a period of three years

Industrial Relations Act 1996 LEGISLATION CITED: Superannuation Guarantee Act

HEARING DATES: 08/17/2005

DATE OF JUDGMENT: 08/17/2005

APPLICANT Mr R Cusick OneSteel Trading Pty Ltd

LEGAL REPRESENTATIVES:

RESPONDENTS Mr K Maher, AWU Mr R Alexander, ETU Ms M Kennedy, AMWU

JUDGMENT:

- 4 - INDUSTRIAL RELATIONS COMMISSION OF NEW SOUTH WALES

CORAM: HARRISON DP

17 August 2005

Matter No IRC 4235 of 2005

ONESTEEL WIRE PTY LTD NEWCASTLE FENCE POST PLANT AWARD

Application by OneSteel Wire Pty Ltd for a new award

DECISION [2005] NSWIRComm 290

1 This is an application by OneSteel Wire Pty Ltd ("the company") seeking the making of a new award to apply to employees of the company employed at its Fence Post Plant operations in Newcastle. 2 The application was subject to hearing on 17 August 2005. 3 Mr R Cusick appeared on behalf of the Company with Mr S Cook. Mr K Maher appeared on behalf of The Australian Workers' Union, New South Wales (AWU); Mr R Alexander appeared on behalf of The Electrical Trades Union of Australia, NSW Branch (ETU); Ms M Kennedy appeared on behalf of the Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union, NSW Branch (AMWU) ("the unions"). 4 Mr Cusick submitted that the award sought is the result of extensive negotiation and discussion between the parties on both a national and local level. Mr Cusick tendered a document titled OneSteel Manufacturing Wage Review 2005 - Proposed Settlement - 19 July 2005 (exhibit 1) which he put was a product of the negotiations and consultation between the parties, arrived at with no time lost and no industrial disruption. The proposed settlement was accepted by mass meetings of employees and consequently became the agreement between the parties forming the foundation of the present application. 5 The agreement contains a commitment to ongoing business improvement, the pursuit of workplace change necessary for the company to meet customer requirements and an improvement in asset and labour productivity during the life of the award; recognising that such change will occur consistent with the principles of fair treatment, consultation and competitive manufacturing. 6 The agreement provides scope to further review classification rates of pay consistent with work value wage fixing principles in the event of a "significant net addition to work requirements". 7 The agreement provides for increases to the award and over-award rates of pay, leading hand/supervisory allowances and dollar amount shift allowances totalling 13 percent, commencing with 4 percent from the first full pay period on or after 1 September 2005, a further 1 percent in March 2006, 4 percent in September 2006 and 4 percent in September 2007. Tool allowances, electrical licence allowances, skill and disability allowances will be increased by 3 percent per annum and meal allowances will be increased by the relevant CPI index. 8 Consistent with exhibit 1, the award application includes an improvement to the extended wage support provisions which assist employees suffering extended periods of illness or injury. The award further includes provision for choice of superannuation fund and a mechanism for adjusting superannuation guarantee payments to meet the Ordinary Times Earnings (OTE) definition of the Superannuation Guarantee Act. 9 The application retains the disputes procedure and other long standing features of the award. 10 Mr Cusick submitted that the award sought conforms with legislative requirements and is consistent with the principles set down for the making of awards. Mr Cusick submitted that the award sought will rescind and replace the OneSteel Wire Pty Ltd Newcastle Fence Post Plant Award published 13 February 2004 (343 IG 266).