Downer Energy Systems Pty Ltd and Clyde Babcock-Hitachi (Australia) Pty Ltd Condong and Broadwater Co-Generation Construction Projects Consent Award 2005 [2005] NSWIRComm 466 (12 December 2005)

Last Updated: 15 December 2005

NEW SOUTH WALES INDUSTRIAL RELATIONS COMMISSION

CITATION : Downer Energy Systems Pty Ltd and Clyde Babcock-Hitachi (Australia) Pty Ltd Condong and Broadwater Co-Generation Construction Projects Consent Award 2005 [2005] NSWIRComm 466

FILE NUMBER(S): IRC 6482

HEARING DATE(S): 12/12/2005

DECISION DATE: 12/12/2005

PARTIES:

Unions NSW

Australian Workers' Union, New South Wales

Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union

Construction, Forestry, Mining and Energy Union (NSW Branch)

Electrical Trades Union of Australia, NSW Branch

New South Wales Plumbers and Gasfitters Employees' Union

Transport Workers' Union of New South Wales, New South Wales

Downer Energy Systems Pty Ltd and Clyde Babcock-Hitachi (Australia) Pty Ltd

JUDGMENT OF: Harrison DP

LEGAL REPRESENTATIVES

APPLICANT

Mr P McPherson Unions NSW

RESPONDENT

Mr A Igo

CASES CITED:

LEGISLATION CITED: Industrial Relations Act 1996

JUDGMENT:

- 2 -

INDUSTRIAL RELATIONS COMMISSION OF NEW SOUTH WALES

CORAM: HARRISON DP

12 December 2005

Matter No IRC 6482 of 2005

DOWNER ENERGY SYSTEMS PTY LTD AND CLYDE BABCOCK-HITACHI (AUSTRALIA) PTY LTD CONDONG AND BROADWATER CO-GENERATION CONSTRUCTION PROJECTS CONSENT AWARD 2005

Application by Unions NSW for a new award

DECISION

[2005] NSWIRComm 466

1 This is an application by Unions NSW for the making of an award between the following parties:

· Downer Energy Systems Pty Ltd

· Unions NSW

· The Australian Workers' Union, New South Wales (AWU)

· the Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union (AFMEPKIU)

· Construction, Forestry, Mining and Energy Union (NSW Branch) (CFMEU)

· The Electrical Trades Union of Australia, NSW Branch (ETU)

· The New South Wales Plumbers and Gasfitters Employees' Union (PGEU)

· Transport Workers' Union of New South Wales, New South Wales Branch (TWU) ("the unions")

2 The application seeks a consent project award to apply to the construction of electricity generating facilities being undertaken by Downer Energy Systems Pty Ltd and Clyde Babcock-Hitachi (Australia) Pty Ltd at Condong and Broadwater sugar mills, which are situated approximately 120 kilometres apart on the North Coast of New South Wales.

3 The project involves construction of a 30 megawatt electricity generating unit at each facility fuelled principally by sugar cane waste. The project, valued in excess of $150 million, is described as environmentally significant, and will have a peak workforce of 180 employees over the three year construction period commencing in late 2005.

4 The application was subject to hearing on 12 December 2005.

5 Mr P McPherson appeared on behalf of Unions NSW and other named unions respondent to the award. Mr A Igo appeared on behalf of Downer Energy Systems Pty Ltd and Clyde Babcock-Hitachi (Australia) Pty Ltd ('the respondent').

6 Mr McPherson submitted that the proposed award, which is the result of negotiations between the parties, is comprehensive in nature and intended to be a stand alone project award. Mr McPherson put that the proposed award will provide for productivity, efficiency and cost effectiveness and that the disputes resolution provisions will assist the parties to maintain a stable industrial relationship.

7 Mr McPherson put that the application satisfies all legislative and statutory requirements for the making of an award.

8 Mr Igo supported the submissions of Mr McPherson and enunciated the consent of the respondent to the making of the award in terms of the application.

9 I am satisfied that the application meets all legislative requirements and that it is presented to the Commission with the genuine consent of the parties.

10 The Downer Energy Systems Pty Ltd and Clyde Babcock-Hitachi (Australia) Pty Ltd Condong and Broadwater Co-Generation Construction Projects Consent Award 2005 is made by consent of the parties in accordance with the application, to apply from 1 October 2005 and remain in force for a period of three years therefrom, or practical completion of each project, whichever occurs first.

11 The award rescinds and replaces the Condong and Broadwater Co-Generation Construction Projects Consent Award 2003 342 IG 106. An order of rescission issues herewith.

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LAST UPDATED: 13/12/2005