Industrial Relations Commission of New South Wales CITATION: Notification under section 130 by Unions NSW of a dispute with BlueScope Steel re lack of award or agreement for BlueScope Steel Captial Projects [2006] NSWIRComm 114 NOTIFIER: Unions NSW PARTIES: RESPONDENT: BlueScope Steel Limited FILE NUMBER(S): IRC 6774 of 2005 CORAM: Walton J Vice-President CATCHWORDS: Industrial dispute - building and construction project - negotiation for a new award - settlement - industrial merit of application for award - award made LEGISLATION CITED: Industrial Relations Act 1996 HEARING DATES: 14/3/06, 20/3/06, 23/3/06 EXTEMPORE JUDGMENT DATE: 03/23/2006 NOTIFIER: Mr C Christodoulou Unions NSW UNION APPEARANCES: Mr A Neilson AMWU LEGAL REPRESENTATIVES: Mr D Hancock Australian Workers' Union, New South Wales RESPONDENT: Mr A Dansie Australian Industry Group JOHN HOLLAND PTY LIMITED (INTERVENOR): Mr S Sasse JUDGMENT: - 1 - INDUSTRIAL RELATIONS COMMISSION OF NEW SOUTH WALES CORAM: Walton J, Vice-President 23 March 2006 Matter No. IRC 6774 of 2005 Notification under section 130 by Unions NSW of a dispute with BlueScope Steel re lack of award or agreement in place for BlueScope Steel Capital Projects DECISION OF THE COMMISSION [2006] NSWIRComm 114 (Ex tempore) 1 This matter concerns an application to establish a project award. The application comes before the Commission by way of a notification of dispute. That should not stand in the way of the consideration of the application either as a matter of power or discretion. That is so because the award constitutes the settlement of that dispute and arises in a context where the award will regulate construction work on a very substantial and important project in New South Wales. 2 There appears, therefore, no good reason to delay the consideration of the matter. There may have been some consideration of that kind if there were interests affected by the application (being an application for a common rule) who had not received proper notice. However, I am satisfied there is no proper basis for delay on that ground having regard to the appearance of John Holland Pty Ltd today and the submission made by Mr Sasse as to the limited basis for his appearance. I note that John Holland made an initial appearance and then no longer appeared in the proceedings after making that short submission. 3 In my view, the application should be approved, for the following reasons: 1. It is a consent application; 2. Its conforms with the statutory requirements for approval of awards; 3. It conforms with wage-fixing principles of this Commission; and 4. There is an abundance of the industrial merit in the proposal, given the important role that the proposed award will play in the regulation of industrial relations at this construction project in this important industry. 4 Before making the award, I wish to commend the parties for their efforts in conciliation and the eminent good sense which has been displayed in the ultimate resolution of the matter in the form chosen. 5 In those circumstances, I make the Unions NSW Port Kembla Steelworks Construction Award 2006 in terms of Ex 1, as amended, in these proceedings. That award shall operate on and from 23 March 2006 and shall remain in force for a period of three years. 6 I note, however, in so making the award, I have incorporated in the award the amendments made during the course of the submissions of the parties. Those are in two respects - first, the addition of the words and numbers of "one dollar per hour" in cl 6.2 and secondly the incorporation of a hard copy version of the maps referred to in annexure A. 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.