Australian Workers' Union v. BlueScope Steel (AIS) Pty Limited [2005] NSWIRComm 1151

Industrial Relations Commission of New South Wales

CITATION: Australian Workers' Union v. BlueScope Steel (AIS) Pty Limited [2005] NSWIRComm 1151

APPLICANT Australian Workers' Union

PARTIES: RESPONDENT BlueScope Steel Limited

FILE NUMBER(S): 5641 of 2004

CORAM: Connor C

industrial dispute - redundant employees - refusal of employees to take tests - claim for payment for time lost due to refusal to take tests CATCHWORDS:

LEGISLATION CITED: Industrial Relations Act 1996

Automatic Fire Sprinklers Pty Limited v. Watson (1946) 72 CLR 435 CASES CITED: Csomore v. Public Service Board of New South Wales (1986) IR 275

HEARING DATES: 09/12/2005

DATE OF JUDGMENT: 09/30/2005

APPLICANT Dave Hancock Australian Workers' Union LEGAL REPRESENTATIVES:

RESPONDENT Jack de Flamingh Blake Dawson Waldron

DECISION: INDUSTRIAL RELATIONS COMMISSION OF NEW SOUTH WALES

CORAM: CONNOR C

Friday, 30 September, 2005

Matter No IRC 5641 of 2004

Australian Workers' Union and BlueScope Steel (AIS) Pty Limited

Dispute notification under S.130 of the Industrial Relations Act, 1996 re refusal of employees to attend testing

DECISION

[2005] NSWIRComm 1151

Introduction

1 Pursuant to the provisions of S.130 of the 1996 Industrial Relations Act, the Australian Workers' Union has lodged a notification of an industrial dispute with BlueScope Steel (AIS) Pty Limited. In the S.130 notification the AWU has described the refusal of some operators in the packaging products department to take part in a training programme to assist in placement of surplus staff following a major restructuring. The matter was allocated to me and I set it down for a conference on Tuesday, 21 September, 2004 and Thursday, 30 September, 2004 (in Sydney) and a further mention on Monday, 8 November, 2004 (in the Commission's premises at 90 Crown Street, Wollongong).