BlueScope Steel (AIS) Pty Limited v. Australian Workers' Union [2005] NSWIRComm 1027

Industrial Relations Commission of New South Wales

CITATION: BlueScope Steel (AIS) Pty Limited v. Australian Workers' Union [2005] NSWIRComm 1027

APPLICANT BlueScope Steel (AIS) Pty Limited

PARTIES: RESPONDENT Australian Workers' Union

FILE NUMBER(S): 6951 of 2004

CORAM: Connor C

industrial dispute - strikes - equitable jurisdiction - supplementary decision - revival of lapsed dispute orders CATCHWORDS:

LEGISLATION CITED: Industrial Relations Act 1996

Colliery Employees Federation v. Northern Colliery Proprietors Association (1904) AR 182 CASES CITED: Holy Family School Case (1975) AILR Rep 1046

HEARING DATES: 02/25/2005 EXTEMPORE JUDGMENT DATE : 02/25/2005

APPLICANT Aaron Dearden Blake Dawson Waldron LEGAL REPRESENTATIVES:

RESPONDENT Andy Gillespie Australian Workers' Union

DECISION: INDUSTRIAL RELATIONS COMMISSION OF NEW SOUTH WALES

CORAM: CONNOR C

Friday, 25 February, 2005

Matter No IRC 6951 of 2004

BlueScope Steel (AIS) Pty Limited and the Australian Workers' Union, New South Wales

Dispute notification under S.130 of the Industrial Relations Act, 1996 re strike action by products berth operators

SUPPLEMENTARY DECISION

[2005] NSWIRComm 1027

1 A notification of an industrial dispute has been lodged for and on behalf of BlueScope Steel (AIS) Pty Limited under S.130 of the 1996 Industrial Relations Act. Members of the Australian Workers' Union, employed as operators by BlueScope Steel at its products berth at Port Kembla had commenced a strike on Monday, 29 November, 2004. Those employees are covered by the terms of the BlueScope Steel (AIS) Pty Limited - Port Kembla Steelworks Employees Award and the BHP Steel (AIS) Pty Limited Port Kembla Products Berth Enterprise Development Agreement (with respect to which negotiations were taking place between BlueScope Steel and the AWU).