Electrical Trades Union of Australia, New South Wales Branch and others v BHP Steel (AIS) Pty Limited [2001] NSWIRComm 70

Industrial Relations Commission of New South Wales

CITATION : Electrical Trades Union of Australia, New South Wales Branch and others v BHP Steel (AIS) Pty Limited [2001] NSWIRComm 70 APPLICANT: Electrical Trades Union of Australia, New South Wales Branch Australian Workers' Union, New South Wales Branch PARTIES : Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union, New South Wales Branch

RESPONDENT: BHP Steel (AIS) Pty Ltd FILE NUMBER: IRC1598 of 2001 and IRC5840 of 2000 CORAM: Walton J Vice-President CATCHWORDS : Industrial Dispute - Review of maintenance at Port Kembla Steelworks - Contracting out of employees engaged in maintenance - Conciliation unsuccessful in resolving substantive issues - Conciliation resulted in agreement as to mechanism to resolve dispute - Certificate of attempted conciliation issued - Preliminary question - Prior agreements of parties - Steel Industry Agreement - Nature of the proceeding as not constituting a private arbitration - Parties agreed to be bound by decision - Arbitration of question - Resumption of conciliation - Agreement reached as to arrangements for review of maintenance - Public interest - Industrial merit - Unnecessary to finally resolve preliminary question - Arrangements interim in nature - Consideration of interim orders - Interim orders made - Directions given LEGISLATION CITED : Industrial Relations Act 1996 s130 s136 HEARING DATES: 12/07/2000; 12/12/2000; 02/05/2001; 02/07/2001; 02/16/2001; 03/05/2001; 03/06/2001; 03/13/2001; 03/30/2001; 03/31/2001; 04/01/2001; 04/02/2001; 04/03/2001 DATE OF JUDGMENT: 04/06/2001