Request By Unions NSW and Newcastle Trades Hall Council for assistance of the Industrial Relations Commission of New South Wales re Newcastle Coal Infrastructure Group 2AA and 2F Construction Project Joined With NCIG Coal Loader Construction Project Stage 2 - Hatch & Associates Pty Ltd and Unions NSW and affiliates [2013] NSWIRComm 94

Request By Unions NSW and Newcastle Trades Hall Council for assistance of the Industrial Relations Commission of New South Wales re Newcastle Coal Infrastructure Group 2AA and 2F Construction Project Joined With NCIG Coal Loader Construction Project Stage 2 - Hatch & Associates Pty Ltd and Unions NSW and affiliates [2013] NSWIRComm 94

The Project had been completed and handed over to the client, with the parties having applied the communication, consultation and co-operation framework in the industrial agreements so effectively that formal Commission intervention was rarely required; accordingly Matters No IRC 572 and 1466 of 2010 were concluded.

Jurisdiction
Australia
Judgment Date
08 November 2013
Procedural Posture
Request for Assistance of the Industrial Relations Commission in Respect of the Newcastle Coal Infrastructure Group 2 AA and 2 F Construction Project / Final Conference; Project Completed; Matters Concluded
Outcome
Project completed; Matters No IRC 572 and 1466 of 2010 concluded.
Legal Topics
['greenfield Agreement' 'project Communication and Consultation' 'dispute Resolution' 'construction Project Industrial Arrangements' 'workplace Safety and Productivity']
['industrial Relations' 'workplace Relations'] ['greenfield Agreement' 'project Communication and Consultation' 'dispute Resolution' 'construction Project Industrial Arrangements' 'workplace Safety and Productivity']

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Procedural Posture

Request for Assistance of the Industrial Relations Commission in Respect of the Newcastle Coal Infrastructure Group 2 AA and 2 F Construction Project / Final Conference; Project Completed; Matters Concluded

Legal Issues

  1. 1 ['Whether Commission assistance was required or provided to facilitate communication, consultation and co-operation under the industrial agreements for the Project.' 'Whether matters arising under the Project agreements required formal dispute resolution by the Commission.' 'Whether the completion of the Project concluded Matters No IRC 572 and 1466 of 2010.']

Ratio Decidendi

The Project had been completed and handed over to the client, with the parties having applied the communication, consultation and co-operation framework in the industrial agreements so effectively that formal Commission intervention was rarely required; accordingly Matters No IRC 572 and 1466 of 2010 were concluded.

Court Disposition

Project completed; Matters No IRC 572 and 1466 of 2010 concluded.

Orders

  • ['Matters No IRC 572 and 1466 of 2010 are so concluded.']