Newcastle Trades Hall Council v Westfield Design & Contruction Pty Ltd re Kotara Shopping Centre Expansion Project [2006] NSWIRComm 259 (10 August 2006)

Last Updated: 16 November 2006

NEW SOUTH WALES INDUSTRIAL RELATIONS COMMISSION

CITATION : Newcastle Trades Hall Council v Westfield Design & Contruction Pty Ltd re Kotara Shopping Centre Expansion Project [2006] NSWIRComm 259



FILE NUMBER(S): IRC 1275

HEARING DATE(S): 10/8/06

DECISION DATE: 10/08/2006
EX TEMPORE DATE: 10/08/2006
PARTIES:
Newcastle Trades Hall Council, Unions NSW, Construction, Forestry, Mining and Energy Union (NSW Branch), Electrical Trades Union of Australia, NSW Branch, Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union, New South Wales.
Westfield Design & Construction Pty Ltd

JUDGMENT OF: Harrison DP


LEGAL REPRESENTATIVES

APPLICANTS
Mr P McPherson Unions NSW
Mr R Alexander ETU
Mr D Wallace AFME&PKIU

RESPONDENT
Mr A Foster
Newcastle Master Builders Association

CASES CITED:

LEGISLATION CITED: Industrial Relations Act 1996
Workplace Relations Act (Cwth) 1996



JUDGMENT:

- 2 -
INDUSTRIAL RELATIONS COMMISSION OF NEW SOUTH WALES

CORAM: HARRISON DP

10 August 2006

Matter No IRC 1275 of 2006

Notification under section 130 by Newcastle Trades Hall Council of a dispute with Westfield Design & Construction re Kotara Shopping Centre Expansion Project

DECISION

[2006] NSWIRComm 259

1 This matter arises pursuant to notification on 7 March 2006 by the Newcastle Trades Hall Council (NTHC) of a dispute pursuant to section 130 of the Industrial Relations Act 1996 ("the Act"). The notification advised of a dispute with Westfield Design & Construction Pty Ltd ("Westfield") concerning the Kotara Shopping Centre Expansion Project ("the Project").

2 The matter was subject to compulsory conference proceedings on 16 March, 14 July, 4 August and 10 August 2006.

3 Mr P McPherson appeared on behalf of NTHC, Unions NSW and Construction, Forestry, Mining and Energy Union (NSW Branch) (CFMEU). Mr R Alexander appeared on behalf of The Electrical Trades Union of Australia, NSW Branch (ETU). Mr D Wallace appeared on behalf of the Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union, New South Wales (AFME&PKIU). Mr A Foster of the Newcastle Master Builder's Association appeared on behalf of Westfield with Ms M Wood, Solicitor of Holding Redlich Solicitors, Mr R Finlayson and Mr M Chase.

4 Mr McPherson tendered an agreement reached between the parties pursuant to s 146A of the Act (exhibit 1) confirming the jurisdiction of the Commission to resolve the matter in accordance with all powers and functions afforded the Commission by the Act. This referral agreement remains in force until completion of the project or until rescinded or terminated by written agreement between the parties and, so far as necessary or applicable, is an election to alternate dispute resolution in accordance with model dispute resolution processes of Part 13 of the Workplace Relations Act (Cwth) 1996 ("the WR Act").

5 This was confirmed by Mr Foster on behalf of Westfield.

6 The Project is a major extension of an existing shopping centre within the Westfield Group. The Project is valued at $140 million and will engage up to 400 employees over an 18 month construction period scheduled for completion in November 2007.

7 Mr McPherson, supported by Mr Alexander and Mr Wallace, submitted that the parties had reached agreement on settlement of the substantive issues, the detail and terms of which are contained in a document titled "Westfield Design & Construction Pty Ltd Kotara Redevelopment Project Award" (exhibit 2) ("the Project Award"), which he put is advanced by consent of the parties.

8 Mr Foster enunciated the consent of Westfield to the Project Award.

9 The Project Award is a comprehensive industrial instrument founded upon safety, consultation, efficiency and productivity, supported by a project productivity allowance of two dollars per hour, dispute resolution procedures, productivity initiatives, and conditions of employment which are fair and reasonable in accordance with s 10 of the Act; and a no extra claims provision.

10 The Project Award is made by consent of the parties to apply from 17 March 2006 until practical completion of the Project as defined by cl 4.9 of the Project Award.

11 It is appropriate to note the goodwill, communication and cooperation between the parties which assisted them in addressing a number of difficult issues during the course of these proceedings, resulting in their agreement pursuant to s 146A of the Act, and the consequent industrial instrument providing a formula for success of the Project.

12 Matter No IRC 1275 is so concluded.

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LAST UPDATED: 10/08/2006