Request under section 146B by Unions NSW and Newcastle Trades Hall Council for the assistance of the Industrial Relations Commission of NSW re construction of the Gas Storage Facility at Tomago by CBI Gas [2015] NSWIRComm 18

Industrial Relations Commission New South Wales Medium Neutral Citation: Request under section 146B by Unions NSW and Newcastle Trades Hall Council for the assistance of the Industrial Relations Commission of NSW re construction of the Gas Storage Facility at Tomago by CBI Gas [2015] NSWIRComm 18 Hearing dates: 30 June 2015 Decision date: 24 July 2015 Jurisdiction: Industrial Relations Commission Before: Harrison DP Decision: Matter concluded Catchwords: Major Infrastructure Construction Project - Civil, Mechanical and Electrical Works Project Agreement - Section 146B of Industrial Relations Act 1996 - Consultation provisions applied - Completed ahead of schedule and under budget - No lost time due to industrial disputes - Excellent safety outcomes and up-skilling of workforce Legislation Cited: Industrial Relations Act 1996 Category: Principal judgment Parties: Unions NSW Newcastle Trades Hall Council CBI Representation: Mr P McPherson Unions NSW, Newcastle Trades Hall Council

Mr A Ashtiani CBI File Number(s): IRC1031 of 2012

JUDGMENT 1. These proceedings concern the construction of a gas storage facility by CBI Constructions Pty Ltd for AGL at Lot 5, Old Punt Road, Tomago. 2. The proceedings arose pursuant to a request by Unions NSW and Newcastle Trades Hall Council in accordance with section 146B of the Industrial Relations Act 1996 (the Act). 3. Pre-construction briefing took place on 23 October 2012 in which the parties outlined the scope of works, the project, schedule and industrial policies to apply. 4. The work was regulated by the CBI Constructors Pty Ltd Newcastle Project Union Greenfields Agreement 2012 (AE49772 PR525276) (the Project Agreement) which was approved by Fair Work Australia, as it then was, on 19 June 2012. 5. The Project Agreement established comprehensive rates of pay and conditions of employment; and at Part 6 clause 28 provides a dispute resolution procedure which invoked s146B of the Act in nominating the Industrial Relations Commission of New South Wales as the body to resolve industrial disputes in accordance with the procedures set out in the Project Agreement.