The Australian Workers' Union v Abigroup Contractors Pty Ltd

[2012] FWA 4147

[2012] FWA 4147

FAIR WORK AUSTRALIA

DECISION

Fair Work Act 2009
s.739—Dispute resolution

The Australian Workers’ Union
v
Abigroup Contractors Pty Ltd
(C2011/982)

DEPUTY PRESIDENT HARRISON NEWCASTLE, 14 MAY 2012

[1] This matter arose by application of The Australian Workers’ Union (AWU) resulting in conference proceedings which led to arrangements for a site inspection and further conference of all relevant parties on 9 February 2012.

[2] On 9 February 2012 a Statement was issued which identified the substance of the dispute as being compliance with Clause 11.1 of the Abigroup Contractors Pty Ltd Central Region (NSW) Engineering Agreement 2010 (AE878132  PR997580) (the “Agreement”) which states:

11.1 All Employees of Abigroup must contribute to a safe and health working environment. The parties to this Agreement must give full cooperation to achieve the highest standards of occupational health and safety.

[3] The site safety performance and contribution of the parties were subject to review and a further conference scheduled on site from 10am on 8 May 2012.

[4] Paragraph 16 of the Statement of 9 February 2012 identified material required for that further conference in the following terms:

• Project Overview - Progress to date, workforce numbers and projections to completion of work and relevant safety statistics.



• Organisation Structure with lines of responsibility



• Site Safety Policy including overview of Pulse System and Site Surveys



• Site Induction Pack



• Membership of Safety Committee and recent minutes of meetings



• Outline of Communication Process including toolbox meeting arrangements



• First Aid Plan including an assessment of distance from first aid equipment and staff in both physical terms (ie kms) and time



• Identification of Ambulance Stations which may be called upon to respond to site and detail of site familiarity update



• The number of staff qualified to render first aid plus those who have CPR capability within Abigroup and sub contractors



• Any other information the parties consider useful in pursuant of the objectives. identified in Clause 11.1

[5] In proceedings of 8 May 2012 the required information was produced in comprehensive form and considered by those present. The information revealed a diligent approach to safety issues by all parties on the site. Of particular note was a safety stand down on 2 May 2012 at the Company’s initiative which involved all employees of Abigroup and sub-contractors, who participated firstly in large groups and then in smaller groups to focus on safety, their role, responsibility and consequences.

[6] Each and every employee was required to complete a safety stand down questionnaire putting their personal views and contributions to achieving the highest safety standards available.

[7] The parties reported that this was overwhelmingly received by employees, who actively participated; the evidence of which is that all of the 570 employees on site completed the questionnaire.

[8] The company is now collating and assessing the information from the safety stand down in order to inform and enhance safety initiatives on site.

[9] On the information provided to me, recorded in the Statement of 9 February 2012 and in conference on 8 May 2012, I am satisfied that the terms of Clause 11.1 of the Agreement are being met.

[10] I observe that the safety challenge requires continuous effort and vigilance. I encourage the parties to maintain their cooperation in the pursuit of the highest standards of occupational health and safety.

[11] All parties were satisfied that the issues raised by this notification are resolved.

[12] A Notice of Discontinuance is now received and the matter so concluded.

DEPUTY PRESIDENT

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