Industrial Relations Commission of New South Wales CITATION: Notification under section 130 by Transport Workers' Union of New South Wales of a dispute with Patrick Stevedoring Holdings Pty Limited, trading as Patrick Bulk and General Ports, re wages and conditions of employment [2008] NSWIRComm 1042 NOTIFIER PARTIES: Transport Workers' Union of New South Wales RESPONDENT Patrick Stevedoring Holdings Pty Limited, trading as Patrick Bulk and General Ports FILE NUMBER(S): 595 of 2008 CORAM: Stanton C CATCHWORDS: Notification of dispute - resolution reached in form of Workplace Agreement - Referral Agreement pursuant to s146A of Industrial Relations Act 1996 to conduct dispute resolution in accordance with Workplace Agreement - conciliation and arbitration. LEGISLATION CITED: Industrial Relations Act 1996 Workplace Relations Act 1996 (Cth) HEARING DATES: 14 May 2008 DATE OF JUDGMENT: 21 May 2008 EXTEMPORE JUDGMENT DATE : 14 May 2008 NOTIFIER Mr W Patterson LEGAL REPRESENTATIVES: RESPONDENT Mr M O'Leary DECISION: - 1 - INDUSTRIAL RELATIONS COMMISSION OF NEW SOUTH WALES CORAM : Stanton C 21 May 2008 Matter No IRC 595 of 2008 Notification under section 130 by Transport Workers' Union of New South Wales of a dispute with Patrick Stevedoring Holdings Pty Limited, trading as Patrick Bulk and General Ports, re wages and conditions of employment DECISION [2008] NSWIRComm 1042 1 The notification of dispute in this matter lodged by the Transport Workers' Union of New South Wales ('TWU') was subject to compulsory conference proceedings on 14 May 2008. 2 Mr W Patterson appeared on behalf of the TWU. Mr M O'Leary appeared on behalf of Patrick Stevedoring Holdings Pty Limited, trading as Patrick Bulk and General Ports ('the Company'). 3 The parties reported that the dispute had been resolved by agreement between them, the terms of agreement found in a Memorandum of Understanding ('MOU') (Exhibit 1), incorporating a document titled "Patrick Bulk and General Ports (TWU) Union Collective Workplace Agreement 2008" ('the Workplace Agreement') and "a referral agreement for the purposes of s146A of the Industrial Relations Act 1996". 4 The Workplace Agreement is a comprehensive document setting out wages and conditions of employment to apply to all persons covered by the categories set out under Schedule 3 who are engaged by the Company at its Eastern Basin Distribution Centre and Newcastle Bulk Sites and the adjacent wharf areas within the Port of Newcastle, NSW. The activities undertaken at these sites include the following: a) receival and delivery of cargo or containers by road, rail or ship; b) storage, consolidation, deconsolidation, unitisation, inter modal transfers, loading and unloading to/from ships, ancillary ship board cargo handling functions; and/or c) other activities within the scope of the TWU's eligibility rules engaged in by the Company from time to time. The Agreement will also apply to any additional or replacement sites operated by the Company and conducting the same business during the life of this Agreement, unless otherwise agreed between the parties. 5 The Workplace Agreement is to be lodged with the Australian Workplace Authority in accordance with s342 of the Workplace Relations Act. 6 Schedule 1 to the Workplace Agreement deals with avoidance of dispute procedures and nominates the Industrial Relations Commission of New South Wales as the body to conduct dispute resolution in the form of conciliation, arbitration and appeal processes as may be required. 7 The matter is resolved by agreement of the parties as detailed in Exhibit 1 and accordingly is now concluded. J D Stanton 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.