Australian Workers Union, New South Wales v BHP Steel Pty Ltd [2003] NSWIRComm 456

Industrial Relations Commission of New South Wales

CITATION : Australian Workers Union, New South Wales v BHP Steel Pty Ltd [2003] NSWIRComm 456 Labor Council of New South Wales (Intervenor) PARTIES : The Australian Workers Union, New South Wales BHP Steel Pty Ltd - Port Kembla Steelworks FILE NUMBER: IRC 1315 of 2003 CORAM: Walton J Vice-President; Grayson DP; Bishop C Industrial dispute - Outsourcing - Union application to prevent outsourcing - Alternative union application to permit outsourcing only on basis of retention of existing rates of pay and conditions of employment for affected employees - Direction to join proposed contractors in dispute proceedings - Lengthy conciliation and arbitration - Primary application refused - Agreement reached as to rates of pay and conditions of employment for transferring employees - Remaining issues as to rates of pay and conditions of employment for new employees (future employees) - Particular contractor carrying out cleaning functions on steelworks site for many years - Employees employed by particular contractor paid under cleaning industry common rule award - Union application to extend agreed rates of pay for transferring employees to new employees (future employees) of contractor - Evidence as to increased intermixing of cleaning workforces under flexible arrangements - Recognition of special circumstances applying historically in the case of transferring employees - Agreed rates of pay derived from preserved/retained non-cleaning classification rates CATCHWORDS : Held, New employees engaged by contractor to perform outsourced work functions to be paid - In the interim - Rates of pay specified under cleaning industry common rule award - Conclusion has no general application beyond instant proceedings - Interim award to be made LEGISLATION CITED : Industrial Relations Act 1996 HEARING DATES: 06/26/2003; 07/14/2003; 07/17/2003; 07/18/2003; 08/04/2003; 09/05/2003; 12/08/2003; 12/09/2003 EXTEMPORE JUDGMENT DATE : 12/09/2003