Industrial Relations Commission of New South Wales CITATION: Transfield Services (Australia) Pty Limited v. Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union, Australian Workers Union and Electrical Trades Union of Australia [2006] NSWIRComm 1022 APPLICANT Transfield Services (Australia) Pty Limited FIRST RESPONDENT Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union PARTIES: SECOND RESPONDENT Australian Workers Union THIRD RESPONDENT Electrical Trades Union of Australia FILE NUMBER(S): IRC 234 and 235 of 2006 CORAM: Connor C CATCHWORDS: application for new awards - consent of parties - awards made - compliance with requirements for making awards LEGISLATION CITED: Industrial Relations Act 1996 HEARING DATES: 06/02/2006 DATE OF JUDGMENT: 02/06/2006 EXTEMPORE JUDGMENT DATE : 02/06/2006 APPLICANT Peter Punch Carroll and O'Dea, Lawyers FIRST RESPONDENT Brad Hattenfels LEGAL REPRESENTATIVES: Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union SECOND RESPONDENT Dave Hancock Australian Workers Union THIRD RESPONDENT John Thornton Electrical Trades Union of Australia DECISION: INDUSTRIAL RELATIONS COMMISSION OF NEW SOUTH WALES CORAM: CONNOR C Monday, 6 February, 2006 Matter No IRC 234 and 235 of 2006 Transfield Services (Australia) Pty Limited and Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union, Australian Workers Union and Electrical Trades Union of Australia Applications under S.11 of the Industrial Relations Act for a new Transfield Services (Australia) Pty Limited (Port Kembla Steelworks) Maintenance Award and a new Transfield Services (Australia) Pty Limited (Port Kembla Steelworks) Facilities Maintenance Award DECISION [2006] NSWIRComm 1022 1 These proceedings on Monday, 6 February, 2006 in the Commission's premises at 90 Crown Street, Wollongong concern two applications lodged for and on behalf of Transfield Services (Australia) Pty Limited for new State awards under S.11 of the 1996 Industrial Relations Act to cover the work it performs in the Port Kembla steelworks, viz: (i) the Transfield Services (Australia) Pty Limited (Port Kembla Steelworks) Maintenance Award; and (ii) the Transfield Services (Australia) Pty Limited (Port Kembla Steelworks) Facilities Maintenance Award. 2 The two State Transfield Awards rescind and replace the existing State awards bearing those titles. They continue to cover the range of issues which the parties - Transfield Services, the Australian Workers' Union, the Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union and the Electrical Trades Union of Australia - are content to have regulated in the State award for a period of three years. 3 The applications were set down for a mention on Monday, 6 February, 2006 which the parties requested me to convert to a hearing. In the proceedings Mr Punch represented Transfield Services, Mr Hattenfels represented the AFMEPKIU, Mr Hancock represented the AWU and Mr Thornton represented the ETU. The proposed State awards are made with their consent. 4 In terms of S.10 I am empowered to make State awards setting fair and reasonable conditions of employment. Indeed, 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..." 5 I am satisfied that the two proposed new State awards comply with the requirements for such State awards. They contain in Clause 33, Dispute Avoidance Procedure, the mandatory dispute resolution procedure required by S.14. They both have a nominal term of three years and is thereby are in accordance with the requirements in S.16(2). They provide a proper framework for the regulation of work by the Transfield Services employees. 6 I propose to make the new State awards in accordance with the application and in the process rescind the previous State Transfield Awards which they replace. 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.