Mount Arthur North Consent Award 2001Application by Labor Council of NSW for variation re agreed point of hire clause [2003] NSWIRComm 89

Industrial Relations Commission of New South Wales

CITATION : Mount Arthur North Consent Award 2001Application by Labor Council of NSW for variation re agreed point of hire clause [2003] NSWIRComm 89 PARTIES : Labor Council of New South Wales Australian Industry Group, New South Wales Branch FILE NUMBER: IRC 1286 of 2003 CORAM: Harrison DP CATCHWORDS : Application for variation - Project Award to apply to exclusion of all other awards - Unforeseen circumstances of mobilisation of employees from interstate - Application of industry standards found in Federal Award - No extra claims provision in Project Award. Held - Not constrained by no extra claims - Equity and justice support the application of industry standards - Variation of award in term to be approached cautiously - Variation not necessary - Federal award not excluded in circumstances of employment extant the site as project award - Geographically specific - Application dismissed. LEGISLATION CITED : Industrial Relations Act 1996 Workplace Relations Act 1996 (Cwth) Electrical Trades Union of Australia v Queensland Electricity Commission and Ors (1986) 16 IR 292 CASES CITED : Transport Workers' Union of Australia, New South Wales Branch & CSR Limited [2000] NSWIRComm 1008 Smith's Snackfoods Company Limited (South Australia) Award [2001] SAIRComm 50 Construction, Forestry, Mining and Energy Union (New South Wales Branch) v Shell [1998] NSWIRComm 275 HEARING DATES: 03/19/2003 DATE OF JUDGMENT: 04/01/2003

APPLICANT Mr R Alexander for Labor Council of NSW and affiliated unions Mr G Mohan, Automotive, Foods, Metals, Engineering, Printing & Kindred Industries Union, NSW Branch LEGAL REPRESENTATIVES: RESPONDENT Ms E Morson Australian Industry Group, NSW Branch