Notification under s130 by BHP Steel (AIS) Pty Ltd of a dispute with the Australian Workers' Union, New South Wales and others [2003] NSWIRComm 125

Industrial Relations Commission of New South Wales

CITATION : Notification under s130 by BHP Steel (AIS) Pty Ltd of a dispute with the Australian Workers' Union, New South Wales and others [2003] NSWIRComm 125 APPLICANT: BHP Steel (AIS) Pty Ltd

PARTIES : RESPONDENTS: The Australian Workers' Union, New South Wales Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union, New South Wales Branch Electrical Trades Union of Australia, New South Wales Branch FILE NUMBER: IRC4413 of 2002 and IRC722 of 2003 CORAM: Wright J President; Walton J Vice-President; Grayson DP; Connor C CATCHWORDS : Industrial Dispute - Interpretation of enterprise agreement - Dispute orders - History of enterprise agreement - Whether applies to rail operations - When considered in terms of plain words, in context or as to purpose of provision, applies to rail operations - Obligations of industrial organisations - Adherence to agreements - Commission will not countenance departure - Issues reserved at time of approving agreement - Industrial action - Maintenance of production - Not dumping hot metal - Use of staff employees - Number of locomotives - Application granted in part - Dispute orders to be made - Applicant to file draft orders LEGISLATION CITED : Industrial Relations Act 1996 s130 CASES CITED : Re Broken Hill Commerce and Industry Consent Award (No. 2) [2002] NSWIRComm 309 Re Notification under Section 130 by the Minister for Industrial Relations of a Dispute between BHP Billiton and Australian Workers Union, NSW and Others [2002] IRComm 378 HEARING DATES: 11/06/2002; 11/21/2002; 02/04/2003; 02/14/2003; 03/03/2003; 03/04/2003; 03/18/2003; 03/31/2003 DATE OF JUDGMENT: 04/30/2003