Port Waratah Coal Services v Transport Workers' Union of Australia, New South Wales Branch [2004] NSWIRComm 230

Industrial Relations Commission of New South Wales

CITATION : Port Waratah Coal Services v Transport Workers' Union of Australia, New South Wales Branch [2004] NSWIRComm 230 APPLICANT PARTIES : Port Waratah Coal Services Limited RESPONDENT Transport Workers' Union of Australia, New South Wales Branch FILE NUMBER: IRC 478 of 2004 CORAM: Harrison DP CATCHWORDS : Notification under s 130 of an industrial dispute re clause 12(b) of the PWCS Enterprise Agreement 2002 - manning dispute - employer seeks reduction from two control room operators to one control room operator and one relief control room operator on introduction of new computer control system - opposed on grounds of harsh and opressive workload and safety risks. Held - No reduction in workload arising from new system - change sought would create harsh and oppressive workload - application refused LEGISLATION CITED : Industrial Relations Act 1996 OneSteel Trading Limited v The Australian Workers' Union, New South Wales and Others [2001] NSWIRComm 337 John Lysaght (Australia) Ltd v Automotive, Metals and Engineering Union and anor (IRC 340 of 1994, Hungerford J, unreported) CASES CITED : Re Cram, ex parte NSW Colliery Proprietors' Association Limited (1987) 163 CLR 117 John Lysaght (Australia) Ltd Port Kembla Slit Recoil Line Rates of Pay Award (1994) 279 IG 548 BHP Steel (JLA) Pty Ltd v AWU-FIME Amalgamated Union (IRC 2374 of 1994, Hungerford J, unreported) HEARING DATES: 06/08/2004; 06/09/2004 DATE OF JUDGMENT: 08/17/2004