Industrial Relations Commission of New South Wales CITATION : OneSteel Trading Pty Ltd Newcastle Award [2003] NSWIRComm 402 OneSteel Trading Pty Ltd PARTIES : Australian Workers Union of NSW Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union, NSW Branch Electrical Trades Union of Australia, NSW Branch FILE NUMBER: IRC 6264 of 2003 CORAM: Harrison DP CATCHWORDS : Application for new award - Pipe and Tube operations - to rescind and replace previous award - award made LEGISLATION CITED : Industrial Relations Act 1996 HEARING DATES: 11/11/2003 EXTEMPORE JUDGMENT DATE : 11/18/2003 APPLICANT Mr D Lloyd Solicitor of Blake Dawson Waldron Lawyers LEGAL REPRESENTATIVES: RESPONDENTS Mr K Maher (AWU) Ms M Kennedy (AMWU) Mr I Edwards (ETU) JUDGMENT: - 2 - INDUSTRIAL RELATIONS COMMISSION OF NEW SOUTH WALES CORAM: HARRISON DP 18 November 2003 Matter No IRC 6264 of 2003 ONESTEEL TRADING PTY LTD NEWCASTLE AWARD Application by OneSteel Trading Pty Ltd for a new award DECISION [2003] NSWIRComm 402 1 This is an application by OneSteel Trading Pty Ltd ("the company") seeking the making of a new award to apply to employees of the company employed at its Pipe and Tube operations in Newcastle. 2 The application was subject to hearing on 11 November 2003. 3 Mr D Lloyd, solicitor of Blake Dawson Waldron Lawyers appeared on behalf of the company with Mr A Gagelar. Mr K Maher appeared on behalf of The Australian Workers' Union, New South Wales (AWU); Ms M Kennedy appeared on behalf of the Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union (AMWU); Mr I Edwards appeared on behalf of the Electrical Trades Union of Australia, New South Wales Branch (ETU). 4 Mr Lloyd submitted that the award sought is the result of extensive negotiation and discussion between the parties on both a national and local level. 5 Mr Lloyd submitted that the award sought complies with statutory requirements and State Wage Case principles. 6 Mr Maher, supported by Ms Kennedy and Mr Edwards, endorsed the submissions of Mr Lloyd and enunciated the consent of the unions to the making of the Award in the terms of the application. 7 I am satisfied that the application meets all legislative requirements; that it conforms with the relevant State Wage Case principles; and that it is presented to the Commission with the genuine consent of the parties. 8 I am further satisfied that the award meets the requirements of s19 of the Industrial Relations Act 1996 and accordingly make the award as reviewed in accordance therewith. 9 The OneSteel Trading Pty Ltd Newcastle Award is made in accordance with the application with effect from the first pay period on or after 11 November 2003 to remain in force until 31 August 2005; and rescinds and replaces the OneSteel Trading Pty Ltd Newcastle Award (2002) 335 IG 222. 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.