Notification under section 130 by Unions NSW of a dispute with Alstom Colongra Gas Turbine Project [2009] NSWIRComm 211

Industrial Relations Commission of New South Wales

CITATION: Notification under section 130 by Unions NSW of a dispute with Alstom Colongra Gas Turbine Project [2009] NSWIRComm 211

PARTIES: Unions NSW and affiliated unions (Notifier) Alstom Power Services (Respondent)

FILE NUMBER(S): IRC 394 of 2008

CORAM: Harrison DP

CATCHWORDS: Construction Project - multiple agreements - common dispute resolution process - cooperative model of industrial relations - regular communication meetings - all issues resolved directly or in conciliation - zero tolerance drug and alcohol policy - no lost time - project completed on time.

LEGISLATION CITED: Industrial Relations Act 1996

HEARING DATES: 7 April 2008, 14 October 2008, 10 March 2009, 11 June 2009, 4 August 2009, 29 September 2009, 8 December 2009

DATE OF JUDGMENT: 16 December 2009

EXTEMPORE JUDGMENT DATE: 8 December 2009

Mr P McPherson Unions NSW and affiliated unions LEGAL REPRESENTATIVES:

Mr G Gardner Alstom Power Services

JUDGMENT:

- 5 - INDUSTRIAL RELATIONS COMMISSION OF NEW SOUTH WALES

CORAM: HARRISON DP

16 December 2009

Matter No IRC 394 of 2008

Notification under section 130 by Unions NSW of a dispute with Alstom Colongra Gas Turbine Project

STATEMENT

[2009] NSWIRComm 211

1 The genesis of these proceedings was a request by Unions NSW for the assistance of the Commission during the construction of the Colongra Gas Turbine Project by Alstom Power Systems. 2 The parties advised that they were not in conflict but relied upon the wider definition of "dispute" found in the dictionary to the Industrial Relations Act 1996 ("the Act") which includes inter alia a "question or difficulty about an industrial matter", to access the jurisdiction and assistance of the Commission. 3 The Colongra Gas Turbine Project, adjacent to Munmorah Power Station on the Central Coast of New South Wales, commenced in the latter part of 2007 and is now complete, with the handover of four gas fuelled electricity generating units to Delta Electricity. 4 The principal contractor was Alstom Power Systems ("Alstom") which, at the outset of the project, entered into the Alstom Power Limited Colongra Gas Turbine Project Union Collective Agreement 2007-2010 ("the Agreement"), an industrial agreement made between Alstom and Unions NSW and affiliates pursuant to the Australian Workplace Relations Act, which nominated the Commission as presently constituted as the dispute resolution provider. 5 The Agreement was supported by a comprehensive employee relations management plan and a fitness for work policy and procedure document. 6 Forty seven companies contracting on to the site embraced the co-operative model of industrial relations set out in the Agreement, all adopting a common dispute resolution process. 7 This matter has been on foot since the inception of the project as the means by which the Commission could assist the parties by quick response to dispute resolution. 8 These proceedings were concluded in a final report back on 8 December 2009. 9 Mr P McPherson of Unions NSW appeared on behalf of Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union, New South Wales Branch (AMWU); Construction, Forestry, Mining and Energy Union (NSW Branch) (CFMEU); Electrical Trades Union of Australia, NSW Branch (ETU); Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia (CEPU); and the Transport Workers' Union of New South Wales (TWU). Mr T Callinan appeared for The Australian Workers' Union, New South Wales (AWU). 10 Mr G Gardner appeared on behalf of Alstom Power Systems. 11 Mr McPherson noted that during the course of the Project there were approximately 18 monthly communication meetings held on a regular basis, which he put allowed parties to identify and resolve issues. 12 The Commission attended site communication meetings on five occasions throughout the Project and conducted two conference proceedings off-site. 13 Other than three specific issues all matters were resolved by the parties, the three exceptions were resolved in conciliation. 14 The Commission was not required to determine any matter, which is a credit to the parties, all of whom displayed a responsible and mature approach to issues. 15 The union officials regularly involved in the Project with Mr McPherson were Mr A Wardrope for the ETU; Mr P Auimatagi for the CFMEU; Mr T Callinan for the AWU; Mr D Wallace for the AMWU; and Mr S McCarney for the CEPU. 16 Mr McPherson acknowledged the constructive approach and contribution of officials and delegates of the unions involved. 17 This was supported by Mr Gardner, who acknowledged that in any project of this size and complexity issues will arise, submitting that the goodwill of the parties involved in this project fostered resolution in a very professional manner. 18 Mr Gardner provided the following employee highlights for the Project, noting that this was the first occasion upon which Alstom had applied a zero tolerance for alcohol and drug screening, which he put worked extremely well. 19 Mr Gardner put that: "Once employees understood what thy needed to do there was excellent compliance ".