NSW Caselaw
Industrial Relations Commission of New South Wales
CITATION: Request by Unions NSW for the assistance of the Industrial Relations Commission of NSW in prevention of industrial disputes - Mangoola Coal Project [2010] NSWIRComm 88
Unions NSW PARTIES: Downer EDI Engineering Projects Pty Ltd Downer EDI Engineering Power Pty Ltd
FILE NUMBER(S): IRC 493 of 2010
CORAM: Harrison DP
CATCHWORDS: Mangoola Mine Site Construction - major construction project - Project Agreement - pro-active safety and industrial policy - progress report site inspection to support communication process, site safety, dispute avoidance and productivity initiatives.
LEGISLATION CITED: Industrial Relations Act 1996
HEARING DATES: 1 July 2010
DATE OF JUDGMENT: 7 July 2010
Mr P McPherson Unions NSW (Applicant)
Mr T Callinan The Australian Workers' Union, NSW
Mr A Wardrope LEGAL REPRESENTATIVES: The Electrical Trades Union of Australia, NSW Branch
Mr D Murray AiGroup (Respondent) Ms E Morson AiGroup Ms L Davies AiGroup
JUDGMENT:
- 1 - INDUSTRIAL RELATIONS COMMISSION OF NEW SOUTH WALES
CORAM: HARRISON DP
Wednesday, 7 July 2010
Matter No IRC 493 of 2010
Request by Unions NSW for the assistance of the Industrial Relations Commission of NSW in prevention of industrial disputes - Mangoola Coal Project
STATEMENT [2010] NSWIRComm 88
1 These proceedings arose by notification from Unions NSW on behalf of affiliates with members employed at Mangoola Coal Project near Muswellbrook. 2 The relevant industrial regulation is the Downer EDI Engineering Mangoola Coal Mine Construction Project Greenfield Agreement 2008-2012 ("the Agreement"). This Agreement was negotiated between the parties in March 2009, was subject to approval by the Australian Government Workplace Authority (AG No 095933343), and applies to the scope of works set out in Appendix 3 thereto until 31 December 2012. 3 Clause 30, Settlement of disputes of the Agreement nominates the Commission in Newcastle in the capacity of either Fair Work Australia or the Industrial Relations Commission of New South Wales as the dispute resolution provider. 4 The Agreement is comprehensive and includes continuous improvement, communications, and safety provisions common to many successful projects within the Hunter region. 5 Consistent with these values and the principles of communication, consultation and co-operation inherent therein, the parties requested the presence of the Commission for the purpose of site inspection and overview, which occurred on 1 July 2010. Those present were:
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