Industrial Relations Commission of New South Wales CITATION: Notification under section 130 by Country engery of a dispute with Barrier Industrial Council and Others re negotiations for replacement award [2008] NSWIRComm 165 APPLICANT Country Energy RESPONDENTS PARTIES: Barrier Industrial Council (BIC) Construction, Forestry, Mining and Energy Union, Mining and General Division (South Western District), NSW Branch (CFMEU) Shop Distributive and Allied Employees' Association (SA Branch) (SDA) Broken Hill Town Employees' Union (BHTEU) United Services Union (USU) FILE NUMBER(S): 852 of 2008 CORAM: Harrison DP CATCHWORDS: Notification of industrial dispute - S 146A Agreement - wages and conditions of employment. Interim Award made by consent for period of two years binding Country Energy, Barrier Industrial Council and affiliated unions. LEGISLATION CITED: Industrial Relations Act 1996 HEARING DATES: 25/06/2008, 11/07/2008, 04/09/2008 DATE OF JUDGMENT: 9 September 2008 EXTEMPORE JUDGMENT DATE: 4 September 2008 APPLICANT Mr D Bourne Country Energy LEGAL REPRESENTATIVES: RESPONDENTS Ms T Brown USU Mr G Gibson (SDA, SA Branch) JUDGMENT: - 2 - INDUSTRIAL RELATIONS COMMISSION OF NEW SOUTH WALES CORAM: HARRISON DP Tuesday, 9 September 2008 Matter No IRC 852 of 2008 Notification under section 130 by Country Energy of a dispute with the Barrier Industrial Council and others re negotiations for replacement award DECISION [2008] NSWIRComm 165 1 This matter arises by notification pursuant to section 130 of the Industrial Relations Act 1996 ("the Act") by Country Energy. 2 Country Energy has entered into a referral agreement with the Barrier Industrial Council (BIC) and affiliated unions pursuant to s 146A of the New South Wales Industrial Relations Act 1996 . The referral agreement (NREF 42 of 2008), filed with the Industrial Registrar, commits the parties to the provisions of the Act and the powers of the Commission conferred thereby. 3 Compulsory conference proceedings were convened on 25 June 2008 at Broken Hill Court House. Report back proceedings took place on 11 July and 4 September 2008 in Newcastle. 4 The parties advised that they were in agreement on a new industrial instrument to be known as the Country Energy Far West Interim Award 2008 ("the Award") in the terms of a document tendered in proceedings of 11 July 2008 (Exhibit 1). 5 This was confirmed in an affidavit of Mr Daniel O'Connor, President of the BIC (Exhibit 2), and correspondence from Mr O'Connor authorising the United Services Union (USU) to act as agent for the BIC, the Broken Hill Town Employees' Union (BHTEU), and the Construction, Forestry, Mining and Energy Union, Mining and General Division (South Western District), NSW Branch (CFMEU) in this matter (Exhibit 3). 6 Mr Bourne, on behalf of Country Energy, advised that the detail of the Award is currently subject to proof reading for the purpose of typographical certainty and, on completion, will be filed electronically with the Industrial Registrar. 7 The Country Energy Far West Interim Award 2008 is made by consent of the parties in the terms of Exhibit 1 to apply from 11 Jul 2008 for a period of two years therefrom, unless rescinded and replaced by an industrial instrument not of an interim nature. 8 The parties are afforded leave to file the detail of the Award electronically with the Industrial Registrar, and to proceed to Settlement of Minutes. 9 Mr Gibson, on behalf of the Shop, Distributive and Allied Employees' Association (SA Branch) (SDA), sought inclusion as a respondent to the Award. 10 The inclusion of the SDA was not agreed to by the parties. 11 The SDA and Country Energy do not have an agreement pursuant to s 146A and accordingly the SDA have no established standing in the instant proceedings. 12 I allow the SDA 28 days to consider its position and confer with Country Energy and such other parties to the Award as may be necessary or relevant and advise the Commission accordingly. 13 Proceedings in Matter No IRC 852 of 2008 are stood over subject to advice from the SDA. **** 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.