AG2011/11397, Transcript of Proceedings [2011] FWATrans 934 (30 August 2011)

TRANSCRIPT OF PROCEEDINGS

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Fair Work Act 2009 61938-1

DEPUTY PRESIDENT SAMS

AG2011/11397

s.185 - Application for approval of a greenfields agreement

Application by McCosker Contracting Pty Ltd
(AG2011/11397)





Sydney

9.36AM, WEDNESDAY, 24 AUGUST 2011

THE FOLLOWING PROCEEDINGS WERE CONDUCTED VIA TELEPHONE CONFERENCE AND RECORDED IN SYDNEY

PN1

THE DEPUTY PRESIDENT: Can I have the appearances?

PN2

MR M. MOY: MOY, M-o-y, initial M., lawyer with McCullough Robertson on behalf of the applicant, McCosker Contracting Pty Ltd, seek permission to appear.

PN3

THE DEPUTY PRESIDENT: Yes.

PN4

MR S. PIERCE: PIERCE, STEVEN, district vice-president on behalf of the CFMEU Mining and Energy Division Queensland.

PN5

THE DEPUTY PRESIDENT: Thank you.

PN6

MR C. STAITE: CHRIS STAITE, S-t-a-i-t-e, general manager, McCosker Contracting.

PN7

THE DEPUTY PRESIDENT: Thank you. This is an application for a greenfields - - -

PN8

MR STAITE: There’s one more, mate.

PN9

THE DEPUTY PRESIDENT: I’m sorry, yes.

PN10

MR R. BLUNT: BLUNT, R., of McCosker Contracting, HR manager.

PN11

THE DEPUTY PRESIDENT: Yes, thank you. I take it there’s no objection to Mr Moy’s appearance?

PN12

MR PIERCE: No.

PN13

THE DEPUTY PRESIDENT: No, all right, permission is granted, Mr Moy.

PN14

MR MOY: Thank you, your Honour.

PN15

THE DEPUTY PRESIDENT: Are you speaking in respect to the application, Mr Moy?

PN16

MR MOY: I will, your Honour.

PN17

THE DEPUTY PRESIDENT: Yes, all right, proceed.

PN18

MR MOY: Your Honour, the application, as you’ve already said, is an application for the approval of a greenfield’s agreement made in relation to certain works to be undertaken by McCosker Contracting Pty Ltd in central Queensland. The particular project which the agreement will apply to is, as referred to in clause 3(a) of the agreement, the PDG project in central Queensland. Now, for your benefit, your Honour, the PDG project is the combination of a number of smaller projects undertaken by the BHP Billiton/Mitsubishi alliance in central Queensland in relation to their coalmines in the Bowen Basin in central Queensland. The PDG group is a group set up internally in the BHP Billiton/Mitsubishi alliance to deliver a number of smaller capital works projects across eight or more sights in the Bowen Basin. My client, the applicant, has proceeded down the path of bidding for, and has been successful in gaining work on at least part of these projects, that is the earthworks’ parts of the PDG project. Those works are in relation to coalmines, they’ll be earthworks on existing coalmines, and that is the work which will be covered by the agreement and the work which will be performed by employees of McCosker Contracting Pty Ltd under this agreement.

PN19

THE DEPUTY PRESIDENT: Is it one mine or, I think you said, a series of mines, is it?

PN20

MR MOY: There’s a number of mines. The mines which are relevant immediately will be Broadmeadow mine, Peak Downs mine and Goonyella Riverside mine. There are a number of mines in the southern region for BHP Billiton/Mitsubishi alliances purposes, the southern region being Saraji mine, Norwich Park mine, Gregory or Crinum mine and Blackwater mine.

PN21

THE DEPUTY PRESIDENT: There was some urgency attached to the application. I take it work has commenced, has it?

PN22

MR STAITE: No, it has not.

PN23

THE DEPUTY PRESIDENT: I see.

PN24

MR STAITE: We’re still waiting for the award documents and at the moment I would suggest that no work will start on site for probably at least another month.

PN25

THE DEPUTY PRESIDENT: I see, all right, thank you. Could I ask, in respect to the wages, the agreement is to apply for four years and there are to be increases in the respective years, next year, 213 and 214, but can you tell me what those percentages are, someone?

PN26

MR STAITE: It’s two and a half per cent of the base rate.

PN27

THE DEPUTY PRESIDENT: On each occasion?

PN28

MR STAITE: On each occasion, so it’s five per cent per annum.

PN29

THE DEPUTY PRESIDENT: Good, thank you, all right. So I take it, Mr Moy, you say that all of the legislative requirements have been met for the approval of the agreement?

PN30

MR MOY: That’s the applicant’s position, your Honour, yes.

PN31

THE DEPUTY PRESIDENT: All right, thank you. Mr Pierce, what do you say?

PN32

MR PIERCE: We support the document, your Honour. We’ve had a number of meetings with Mr Staite and negotiated the document. We believe that it does cover all of the requirements of the (indistinct) and it actually exceeds in a number of those areas.

PN33

THE DEPUTY PRESIDENT: Thank you. All right, is there anything further then?

PN34

MR MOY: Nothing from the applicant, your Honour.

PN35

THE DEPUTY PRESIDENT: All right.

PN36

MR PIERCE: Nothing from us, your Honour.

PN37

THE DEPUTY PRESIDENT: Thank you. Having heard the submissions of the parties and having reviewed the pre-approval process documentation and the proposed terms of the proposed agreement, I am satisfied that all of the requirements of the Act have been met in respect to the approval of this greenfield’s agreement. I also note that the union has filed a notice to be covered by the enterprise agreement and pursuant to section 201(2) of the Act I will note, in a decision I will issue in due course, that the CFMEU Mining and Energy Division will be covered by the agreement. Similarly, I noticed that there is a declaration of employee organisation in support of the application and Mr Pierce, for the union, has indicated his union’s support for the application and for the agreement. Accordingly, I shall approve a single enterprise greenfield’s agreement to be known as the MCPLPGD Enterprise Agreement 2011. Pursuant to section 54 of the Act, the agreement shall operate seven days hence, being 31 August 2011 and have a nominal expiry date of 31 August 2015. Thank you, gentlemen, I shall issue a decision in due course but you can it the agreement has been approved by Fair Work Australia.

PN38

MR PIERCE: No worries, thank you.

PN39

MR MOY: Thank you, very much, your Honour.

<ADJOURNED INDEFINITELY [9.43AM]