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 ". Employee Relations Highlights ( October 2007 - November 2009) § 1268 Pre employment medicals and drug screens were conducted during the life of the project. § Over 1100 employees worked on the site from October 2007 to November 2009. § In May 2009 employee numbers on site peaked at 350. § Average number of employees on a daily basis over the two year period was around 230 § There were 16 Monthly Employee and Union Communications Meetings § 47 Contractors worked onsite and there were 47 workplace agreements certified § The Unions signatories to those Workplace Agreements were the AWU; AMWU; CFMEU; ETU; CEPU; and TWU. The first four unions represented the bulk of the employees on site. § 72 whole days were lost due to wet weather over project life § Units 1 & 2 were Commissioned and handed over to Delta Energy on the 27th August 2009 § Units 3 & 4 were Commissioned and handed over to Delta Energy on the 30th November 2009 SAFETY STATISTICS § Average Number of Persons 294 § Number of Inductions 1059 § Total Project Days 759 § Lost time injury free days 533 § Best lost time injury-free days 533 § Project hours to date 936,176 § Lost time injuries 1 § Days lost to lost time injury 3 § Number of medical treatments 5 § Number of first aid treatments 101 § Near hit reports 155 § Incident reports 111 § Property damage incidents 14 § Environmental incidents 19 (all minor on-site reversible) § 60 Safety Awards presented by the Committees and the Project Safety Review Group for hazard reporting / identification. 20 Mr Gardner noted that all of the 47 contractor agreements were negotiated independently from Alstom, observing that the resultant system of having a commonality of approach in a co-operative, un-coerced way worked very well. 21 The parties are congratulated on their approach to this project and the outcomes achieved. I acknowledge the submission of Mr McPherson that this Project has delivered an important and valuable asset to the people of New South Wales. 22 The safety program is especially commendable. Of particular note are the 60 safety awards, an initiative developed by the parties on the suggestion of the unions in the consultative process, which is further evidence of the positive and co-operative relationships developed and applied on the Project. 23 The safety and industrial record reflects credit upon employees, management and trade unions, all of whom co-operated positively in achieving site objectives, expressed in the industrial agreements, of the achievement of common goals through communication and consultation with an emphasis on safety which flows to efficiency, productivity and job satisfaction. 24 Matter No IRC 394 of 2008 is so concluded. _______ DISCLAIMER - Every effort has been made to comply with suppression orders or statutory provisions prohibiting publication that may apply to this judgment or decision. 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