Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union v Alstom Power Ltd & anor [2000] NSWIRComm 259

Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union v Alstom Power Ltd & anor [2000] NSWIRComm 259

On the inspections and evidence, the duties and functions of ETRS employees performing non-destructive testing at the Redbank Power Station construction site brought them within clause 4.1 as employees engaged in the construction of the Redbank Power Station Project. Their testing was an integral and essential part of the construction process because further work could not proceed without testing and approval. Accordingly, the Redbank Power Station Construction Consent Award 1999 and the site agreement applied, and ETRS Pty Ltd was bound to apply the award terms and conditions to employees engaged on work at the site.

Jurisdiction
Australia
Judgment Date
11 December 2000
Procedural Posture
Industrial Dispute and Award Interpretation Concerning Application of the Redbank Power Station Construction Consent Award 1999 and Site Agreement / Arbitration After Compulsory Conference and Certificates of Attempted Conciliation; Reasons for Decision, Order and Award
Outcome
The Commission determined that the Redbank Power Station Construction Consent Award 1999 and agreement apply to the non-destructive testing work performed by ETRS Pty Ltd at the Redbank Power Station construction site, and the matters were concluded.
Legal Topics
['award Coverage' 'construction Site Agreement' 'non Destructive Testing' 'construction Work' 'employee Classifications']
['industrial Relations' 'employment Law'] ['award Coverage' 'construction Site Agreement' 'non Destructive Testing' 'construction Work' 'employee Classifications']

Case Brief

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Procedural Posture

Industrial Dispute and Award Interpretation Concerning Application of the Redbank Power Station Construction Consent Award 1999 and Site Agreement / Arbitration After Compulsory Conference and Certificates of Attempted Conciliation; Reasons for Decision, Order and Award

Legal Issues

  1. 1 ['Whether employees of ETRS Pty Ltd performing non-destructive testing at the Redbank Power Station construction site were engaged in the construction of the Redbank Power Station Project within clause 4.1 of the Redbank Power Station Construction Consent Award 1999.' 'Whether Alstom Power Ltd and ETRS Pty Ltd were required to apply the Redbank Power Station Construction Consent Award 1999 and the site agreement to the non-destructive testing activities and employees on site.' 'Whether the parties should determine appropriate classifications for ETRS Pty Ltd employees under clause 9.5.2 of the award.']

Ratio Decidendi

On the inspections and evidence, the duties and functions of ETRS employees performing non-destructive testing at the Redbank Power Station construction site brought them within clause 4.1 as employees engaged in the construction of the Redbank Power Station Project. Their testing was an integral and essential part of the construction process because further work could not proceed without testing and approval. Accordingly, the Redbank Power Station Construction Consent Award 1999 and the site agreement applied, and ETRS Pty Ltd was bound to apply the award terms and conditions to employees engaged on work at the site.

Court Disposition

The Commission determined that the Redbank Power Station Construction Consent Award 1999 and agreement apply to the non-destructive testing work performed by ETRS Pty Ltd at the Redbank Power Station construction site, and the matters were concluded.

Orders

  • ['Pursuant to s136 of the Industrial Relations Act 1996 Alstom Power Ltd are directed to apply the terms of the Redbank Power Station Construction Consent Award 1999 to the non destructive testing activities conducted by ETRS Pty Ltd on the Redbank Power Station construction site.' 'The parties to the Award are...