Brown v. BlueScope Steel (AIS) Pty Limited [2005] NSWIRComm 1021

Industrial Relations Commission of New South Wales

CITATION: Brown v. BlueScope Steel (AIS) Pty Limited [2005] NSWIRComm 1021

APPLICANT Australian Workers' Union, New South Wales

PARTIES: RESPONDENT BlueScope Steel (AIS) Pty Limited

FILE NUMBER(S): 6429 of 2004

CORAM: Connor C

dismissal - consistent breach of safety procedure - CATCHWORDS: equality of treatment at dismissal

Industrial Relations Act 1996 LEGISLATION CITED: Occupational Health and Safety Act 2000

Brown v. BHP Steel (unreported) Hutchinson v. BHP Steelworks (unreported) CASES CITED: Vehicle Builders Employees Federation of Australia v. Toyota Manufacturing Australia Limited (1987) 24 IR 74

HEARING DATES: 02/15/2005

DATE OF JUDGMENT: 03/04/2005

APPLICANT Darryl Anderson Australian Workers Union LEGAL REPRESENTATIVES:

RESPONDENT Aaron Dearden Blake Dawson Waldron

DECISION: INDUSTRIAL RELATIONS COMMISSION OF NEW SOUTH WALES

CORAM: CONNOR C

Friday, 4 March, 2005

Matter No IRC 6429 of 2004

David Peter Brown and BlueScope Steel (AIS) Pty Limited

Application by the Australian Workers' Union under S.84 of the Industrial Relations Act, 1996

DECISION

[2005] NSWIRComm 1021

1 Pursuant to the provisions of Part 6, Unfair Dismissals, of Chapter 2, Employment [Ss.83 to 90] of the 1996 Industrial Relations Act the Australian Workers' Union has lodged an application concerning the termination of the services of Mr David Brown, a member employed by BlueScope Steel (AIS) Pty Limited - formerly BHP Steel (AIS) Pty Limited - as a crane chaser in the plate mill. Mr Brown has over 35 years of service with BlueScope Steel (or BHP Steel which preceded it). He was dismissed on Thursday, 21 October, 2004 for a breach of the "cardinal rules" policy of BlueScope Steel, ie the rail isolation procedure.