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: Ian Ash Project Director Downer EDI Peter Chircop Operations Manager Downer EDI Chris Keygan Construction Manager Downer Project D. Whitehead Dogman/Crane Downer Power Greg Keen Rigger-Crane Driver Downer Mech Mark Cross Welder Downer Mech D. Holloway Rigger Downer Project Richard Pegg HR Manager Downer EDI Chris Smith Construction Manager Holstan Luke Dunstan Project Manager/Director Holstan Craig Silcock Steelfixer Holstan Peter McPherson Industrial Officer Unions NSW Tony Callinan Organiser The Australian Workers' Union, NSW A. Wardrope Organiser The Electrical Trades Union of Australia, NSW Branch Daniel Murray Snr Advisor-Construction AiGroup Emma Morson Snr Advisor-Workplace Relations AiGroup Leanne Davies Snr Advisor-Workplace Relations AiGroup 6 The relevant works are a package of approximately $400 million being undertaken by Downer EDI Engineering and sub-contractors for Xstrata Mangoola Coal. Progress to date is: Design 99% complete; Procurement 80% complete; and Construction 25% complete. Construction is scheduled for completion in January 2011. 7 Employment on site is anticipated to increase from approximately 180 at present to some 300 by September 2010. The Project is on schedule and has a commendable safety and environmental record detailed in the schedule below: Hours worked 116190 Lost Time Injury nil Medical Treatments nil Restricted Work Duties 2 Near Misses 9 Take 5's 4094 Environmental Incidents 4 Inductions 253 Recordable Work Injury Frequency Rate 17.2 8 There has been no lost time due to industrial issues and only six first aid injuries since the site establishment on 1 December 2009. 9 The site has adopted innovative site induction, drug, alcohol and fatigue management procedures, and site safety policies, such as vehicles making deliveries to site must be loaded in such a way that they can be unloaded without employees having to climb from the ground on to the load to do so. 10 The progress to date is a credit to all parties involved and further underscores the value of open communication and emphasis on safety on the construction projects in the region. 11 These proceedings are stood over generally with leave to relist at the request of either party as may be required. 12 In the event that further proceedings are not required in the interim, the parties request a further site inspection and project overview which is scheduled for Wednesday, 24 November 2010 at 10am. ______ 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.