Industrial Relations Commission New South Wales Medium Neutral Citation: Request by Unions NSW for the assistance of the Commission with Residual Construction Activities NCIG Coal Loader Construction Project [2015] NSWIRComm 35 Hearing dates: 21 October 2013, 13 February 2015, 12 October 2015 Decision date: 03 November 2015 Before: Harrison DP Decision: Successful completion of Project. Matter concluded. Catchwords: Construction Project – Successful completion on budget ahead of schedule – Implementation of Enterprise Agreement – Application of collaborative model Legislation Cited: Industrial Relations Act 1996 Category: Principal judgment Parties: Unions NSW Newcastle Trades Hall Council Australian Workers' Union (Newcastle and Northern Regions Branch); Australian. Food, Metals, Engineering, Printing and Kindred Industries Union (NSW Branch); Construction, Forestry, Mining and Energy Union, Construction and General Division, NSW Divisional Branch; Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union, Electrical, Energy and Services Division, NSW Divisional Branch; Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union, Plumbing Division, NSW Divisional Branch; Transport Workers' Union of Australia (NSW Branch) Aurecon Hatch Representation: Mr P McPherson Unions NSW, Newcastle Trades Hall Council Mr W Dawson Aurecon Hatch File Number(s): IRC 517 of 2013 STATEMENT 1. This matter concerns the construction of a rail flyover (the Flyover Project) on Kooragang Island in Newcastle Harbour to facilitate coal train movements to and from coal loading facilities. 2. Coal hauled from NSW mines is delivered to Port Waratah Coal Services (PWCS) and Newcastle Coal Infrastructure Group (NCIG) stockpiles prior to loading on ships for export. 3. The coal chain operations have been restricted by the need for incoming trains to wait for exiting trains, creating congestion and delay. 4. The Flyover separates the incoming stream from the exit stream, improving efficiency of operations, and is the final element in a coal export development program which has taken export capacity from 80 mtpa to over 200 mtpa. 5. These proceedings were initiated on notification by Unions NSW on behalf of construction unions on 21 June 2013. 6. The first conference took place on 21 October 2013, though the concept and structure of the Flyover project had been discussed during the course of proceedings concerning the NCIG Construction Project (IRC 572 of 1466 of 2010) [1] . 7. Conditions of employment were covered by Hatch Associates Pty Ltd NCIG CET Stages 2AA and F Project Union Greenfield Agreement 2010-2014 [2] ("the Agreement "). 8. Those appearing on 21 October 2013 were Mr P McPherson on behalf of Unions NSW and Newcastle Trades Hall Council (NTHC) and Mr S Kelleher of AiGroup on behalf of Aurecon Hatch with Mr W Dawson, Engineer. 9. Further proceedings were convened on site for the purpose of inspection and conference on 13 February 2015. Those in attendance were: P McPherson Unions NSW and NTHC T Callinan Branch President, The Australian Workers' Union, New South Wales L McGowan-Slee Intern Unions NSW, NTHC B Smith AiGroup W Dawson Engineer, Aurecon Hatch L Rennie Area Manager, Aurecon Hatch R Byrne Project Manager, Downer J Lojszczyk Human Resources Manager, Downer C Janetzki Project Manager, Robson Civil G Beynon Project Manager, Laing O'Rourke E Wheeler Leading Hand, Laing O'Rourke J Doodson Safety Manager, Lend Lease 1. The parties provided the Commission with a comprehensive report of site activities, issues, implementation of consultative procedures and continuous improvement processes of the Agreement. 2. Final conference proceedings took place on 12 October 2015. Mr McPherson continued his appearance on behalf of Unions NSW, NTHC and construction unions and their members. Mr W Dawson appeared on behalf of Aurecon Hatch. 3. The Flyover project was $170 million of the NCIG construction project, valued at $2,670 million. 4. Work commenced on the Flyover on 24 October 2013 and involved four major ARTC rail possessions which were completed on time; and progressive handover of infrastructure as work progressed. 5. Employment peaked at a workforce of 185 working a total of 629,941 work hours. There were 1232 site inductions in the 19 month construction period. The project featured no lost time due to industrial disputes, no lost time injuries, 19 first aid treatments, 108,850 take five pre-task safety checks. The parties reported that the uncharacteristically high incidence of first aid treatments occurred due to the standard work glove being inadequate for the type of work. This was identified during the course of the project and the glove specification was changed, reducing the incidence of first aid required. 6. The combined milestones were: Dredging commenced 28 November 2007 Land based work commenced 23 January 2008 Stage 1 first coal on ship 24 March 2010 Stage 2AA first coal on ship 7 June 2012 Stage 2F first coal on ship 28 June 2013 Flyover complete 22 June 2015 1. The safety and environment statistics for the combined Flyover and NCIG Construction Projects are: Hours worked 8,722,365 Lost Time Injury 2 Medical Treatments 39 Classified Injury 10 First Aid Treatments 265 Near Misses 927 People per day 1,035 Take 5's 568,716 Environmental 88 Inductions 12,281 1. Mr McPherson supported the documents and comments of Mr Dawson. He reported that since the first proceedings before the Commission on 21 October 2013, there have been 16 monthly communication meetings; a total of 78 for the combined Projects. On behalf of unions involved Mr McPherson noted the positive role of the Commission; Mr Dawson, the Construction Engineer for the Project, and those sub-contractors and employees involved in the Flyover project. 2. Mr McPherson further expressed appreciation for the positive involvement of union officials and delegates. 3. Mr Dawson acknowledged the good working relationship with union officials and delegates. 4. I congratulate all parties on their diligent and consistent efforts resulting in a successful outcome to a major project which is of Regional, State and National significance. 5. Matter No IRC 517 of 2013 is concluded. ********** Endnotes 1. [2013] NSWIRComm 94. 2. AG2012/2126 PR 500521. 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. Decision last updated: 03 November 2015