High Court of Australia
RE THE CONSTRUCTION FORESTRY MINING AND ENERGY UNION;
EX PARTE NORTH BROKEN HILL LIMITED
JUDGMENT DAWSON J. (oral) 6 April 1993
RE THE CONSTRUCTION FORESTRY MINING AND ENERGY UNION;
EX PARTE NORTH BROKEN HILL LIMITED
The applicant, trading as Associated Pulp and Paper Mills ("APPM"), operates a paper mill at Burnie. It appears that in 1992 a dispute arose between APPM and its employees to which it is unnecessary to refer more specifically. Against the background of that dispute, APPM decided to train staff personnel in all aspects of boiler operations. The training was to commence on 8 April 1992. On that day eleven boiler operators refused to operate the boilers while staff operators were being trained. The boiler operators were dismissed. On 8 April 1992 the union, which was then called and which I shall continue to call the Federated Engine Drivers' and Firemen's Association ("the FEDFA"), notified the Industrial Relations Commission
of a dispute arising out of the dismissals.
On 13 April 1992 Senior Deputy President Munro made an interim award requiring APPM to re-employ the boiler operators upon their giving a written undertaking to work as directed, including co-operation with the training of staff personnel as boiler operators. Some
boiler operators requested training before assisting in
the training of staff. APPM organized a "train-the- trainer" course to commence on 11 May 1992. It proposed to operate the boilers with qualified staff during the absence of boiler operators taking the
course.
On 27 April 1992 the FEDFA faxed an application to Senior Deputy President Munro pursuant to s.87 and s.111(1)(n) of the Industrial Relations Act 1988 (Cth) requesting that the Commission seek expert advice from Government sources concerning safety and training procedures. APPM was not notified of this application then, nor provided with a copy of the faxed letter. On 5 May 1992 the parties were notified by the Commission that the application would be listed for hearing before
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