Unions NSW and the Newcastle Trades Hall Council request the assistance of the Industrial Relations Commission of NSW in relation to the Thiess Sedgman Joint Venture Boggabri Mine - Coal Handling and Processing Plant Project [2015] NSWIRComm 21

Industrial Relations Commission New South Wales Medium Neutral Citation: Unions NSW and the Newcastle Trades Hall Council request the assistance of the Industrial Relations Commission of NSW in relation to the Thiess Sedgman Joint Venture Boggabri Mine - Coal Handling and Processing Plant Project [2015] NSWIRComm 21 Hearing dates: 30 June 2015 Decision date: 21 August 2015 Before: Harrison DP Decision: Project Completion Catchwords: Coal mine construction project – Greenfields Project Agreement – Cooperative industrial relations – Project completed within schedule. Significant increase in export capacity of Regional, State and National importance Legislation Cited: Industrial Relations Act 1996 Category: Principal judgment Parties: Unions NSW Thiess Sedgman Representation: Mr P McPherson Unions NSW Newcastle Trades Hall Council

Mr J Maniord Project Manager TSJV File Number(s): IRC 855 of 2013

STATEMENT 1. This matter concerns the construction of specified facilities at the Boggabri Coal Mine, north of Gunnedah, NSW, by Thiess Sedgman Joint Venture (TSJV). 2. The proceedings commenced with a pre-project conference on 10 December 2013 at the Commission's Newcastle premises. Those in attendance on behalf of TSJV were Ms E Morson, Senior Workplace Relations Adviser, AiGroup, with Mr J Maniord, Project Manager, A Byrne, Human Resources Advisor and T O'Dell, Human Resource Manager. Mr P McPherson appeared on behalf of Unions NSW and Newcastle Trades Hall Council (NTHC). Mr T Callinan appeared on behalf of The Australian Workers' Union. 3. The particular work was identified as an expansion of the coal handling plant to 6.9 million tonnes per annum, including a 1,500 tonne per hour bypass crushing system, 500 tonnes per hour coal preparation plant, 400 kt product stockpile and a 5,000 tonnes per hour reclaim and train loading facility. 4. Work was scheduled to commence on 16 September 2013 and conclude on 22 May 2015. 5. Employment on the Project was covered by the Thiess Sedgman Joint Venture Boggabri Mine Coal Handling and Processing Plant Project Union Collective Greenfields Agreement 2013 (the Agreement) AE405746 PR545424. 6. The parties first met to commence negotiation of the Agreement on 1 February 2012. 7. The Agreement was the product of 9 separate meetings between TSJV, Unions NSW, and unions identified as The Australian Workers' Union (AWU); the Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union (AMWU); the Construction, Forestry, Mining and Energy Union (NSW Branch) (CFMEU); the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union – Electrical, Energy and Services Division, NSW Branch (ETU); the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union – Plumbing Division, NSW Branch (CEPU); and the Transport Workers' Union of Australia Branch (TWU). 8. The Agreement was signed during October and November 2013 and subsequently approved by Fair Work Australia, as it then was, on 17 December 2013. 9. The Agreement is comprehensive in setting wages and conditions of employment and includes provisions for individual flexibility arrangements; continuous improvement; a Project Code of Conduct, Work Rules and Fair Treatment System; site safety matters; project communication and consultation; and a disputes settlement procedure. 10. Pursuant to the Project Communication and Consultation Process, Mr McPherson of Unions NSW/NTHC and officials of the respondent unions maintained ongoing dialogue with management and employees. Eleven monthly site communication meetings were held in accordance with the Agreement. 11. The Commission undertook site inspections and conference proceedings in May and November 2014 and a close-out conference on 30 June 2015. 12. Those in attendance at the site inspection of 6 May 2014 were Mr McPherson; Mr D Wallace for the AMWU; Mr A Wardrope for the ETU: Mr J Maniord, Project Manager, A Byrne, Human Resources Advisor, and Mr J Morgan, Trades Assistant. In attendance at the site inspection of 5 November 2014 were Mr P McPherson; Mr J Maniord; A Byrne; and M Young, Construction manager. 13. A comprehensive report was provided by TSJV for the close-out conference, complementing the report of Mr McPherson.