OneSteel Manufacturing Pty Ltd Newcastle Rod & Bar Award. Application by OneSteel Manufacturing Pty Ltd for variation re clause 4, Eligibility for Payment [2003] NSWIRComm 126

Industrial Relations Commission of New South Wales

CITATION : OneSteel Manufacturing Pty Ltd Newcastle Rod & Bar Award. Application by OneSteel Manufacturing Pty Ltd for variation re clause 4, Eligibility for Payment [2003] NSWIRComm 126 APPLICANT OneSteel Manufacturing Pty Ltd PARTIES : RESPONDENTS The Australian Workers' Union, NSW Electrical Trades Union of Australia, NSW Branch Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union, NSW Branch FILE NUMBER: IRC 1088 of 2003 CORAM: Harrison DP CATCHWORDS : Application for variation of award to disentitle payment to March 2003 quarter productivity payment - breach of disputes procedure by strike action - insistence on compliance by mangement with change process - Notification pursuant to s130 required - alternative breach found by management and union. Held - breach by both parties not grounds for removal of payment - variation refused. LEGISLATION CITED : Industrial Relations Act 1996 CASES CITED : Matter No IRC 759 of 1992, Notification under s204 by Federated Ironworkers' Association of Australia, NSW Divn of a dispute with Australian Wire Industries Pty Ltd re restructing site agreement covering quarterly productivity payment (Harrison CC, 11/6/93, unreported) HEARING DATES: 03/28/2003 DATE OF JUDGMENT: 05/09/2003

APPLICANT Mr D Lloyd, Solicitor of Blake Dawson Waldron

LEGAL REPRESENTATIVES: RESPONDENTS Mr K Maher, AWU Ms M Kennedy, AMWU Mr I Edwards, ETU