Industrial Relations Commission of New South Wales CITATION: K and R Fabrications (Wollongong) Pty Limited v. Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union and Australian Worker Union [2006] NSWIRComm 1023 APPLICANT K and R Fabrications (Wollongong) Pty Limited PARTIES: FIRST RESPONDENT Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union SECOND RESPONDENT Australian Workers Union FILE NUMBER(S): 456 of 2006 CORAM: Connor C CATCHWORDS: application for new award - consent of parties - award made - compliance with requirements for making awards HEARING DATES: 06/02/2006 DATE OF JUDGMENT: 02/06/2006 EXTEMPORE JUDGMENT DATE : 02/06/2006 APPLICANT Adam Dansie Australian Industry Group LEGAL REPRESENTATIVES: FIRST RESPONDENT Brad Hattenfels Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union SECOND RESPONDENT Dave Hancock DECISION: INDUSTRIAL RELATIONS COMMISSION OF NEW SOUTH WALES CORAM: CONNOR C Monday, 6 February, 2006 Matter No IRC 456 of 2006 K and R Fabrications (Wollongong) Pty Limited and the Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union and the Electrical Trades Union of Australia Application under S.11 of the Industrial Relations Act, 1996 for a new K and R Fabrications (Wollongong) Pty Limited (Port Kembla Steelworks) Maintenance Award DECISION [2006] NSWIRComm 1023 1 These proceedings on Monday, 6 February, 2006 in the Commission's premises at 90 Crown Street, Wollongong concern an application lodged under S.11 of the 1996 Industrial Relations Act by the Australian Industry Group for and on behalf of K and R Fabrications (Wollongong) Pty Limited. The application seeks a new K and R Fabrications (Wollongong) Pty Limited (Port Kembla Steelworks) Maintenance Award. The proposed new State award rescinds and replaces the existing State award bearing that title. It continue to cover the range of issues which the parties - K and R Fabrications and the Australian Workers' Union, the Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union - are content to have regulated in the State award for a period of three years. 2 The application was set down for a mention on Monday, 6 February, 2006 which the parties requested me to convert to a hearing. In the proceedings Mr Dansie represented K and R Fabrications, Mr Hattenfels represented the AFMEPKIU and Mr Hancock represented the AWU. The proposed State award, as amended in the proceedings, is made with their consent. 3 In terms of S.10 I am empowered to make State awards setting fair and reasonable conditions of employment. Indeed, as Mr Dansie submitted in the proceedings, it is in the public interest that I do so. One of the objects of the Act, confirmed by S.3, is: "...to facilitate appropriate regulation of employment through awards, enterprise agreements and other industrial instruments..." I am satisfied that the new State K and R Fabrications Awards complies with the requirements for such State awards. It contains in Clause 32, Dispute Avoidance Procedure, the mandatory dispute resolution procedure required by S14. It has a nominal term of three years and is thereby in accordance with the requirements in S.16(2). It provides a proper framework for the regulation of the work of the K and R Fabrications employees. 4 I propose to make the new State K and R Fabrications Award in accordance with the application and in the process rescind the previous State K and R Fabrications Award which it replaces. It is the agreement of the parties that the proposed new State awards shall commence on and from Tuesday, 28 February, 2006. P J CONNOR Commissioner 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.