Re: Bluescope Steel (AIS) Pty Ltd - Port Kembla Steelworks Employees Award 2004 and other matters [2004] NSWIRComm 185

Industrial Relations Commission of New South Wales

CITATION : Re: Bluescope Steel (AIS) Pty Ltd - Port Kembla Steelworks Employees Award 2004 and other matters [2004] NSWIRComm 185 APPLICANTS: Bluescope Steel Limited Bluescope Steel (AIS) Pty Ltd PARTIES : RESPONDENTS: The Australian Workers' Union, New South Wales The Electrical Trades Union of Australia, New South Wales Branch The Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union, New South Wales Branch FILE NUMBER: IRC400, 2167, 2543 of 2004 CORAM: Walton J Vice-President; Sams DP; Grayson DP; O'Neill C CATCHWORDS : Industrial dispute - enterprise bargaining - highly contested and protracted process - intervention by Commission at early stage - orderly process thereafter - settlement of majority of issues - conciliated outcome leaving residue of matters for arbitration - union claim for trade union training leave - significant difficulty in case as presented - claim withdrawn and placed in leave reserved - critical issue of regulation of disturbances to production and supply - history of dumping hot metal from blast furnace during industrial action - significant movement by steel unions away from historical position - new position adopted whereby hot metal cast into slabs and stored during industrial action - union claim as to when company required to store slabs after commencement of industrial action - union claim as to where slabs required to be stored following industrial action - whether consent arrangements reached in previous enterprise agreements are immutable - industrial climate in steelworks since 2001 - balance between economic interests of companies and basic and reasonable rights and interests of employees and unions - desirability of parties approaching industrial relations in mature and moderate way - union claim regarding commencement time for stacking slabs granted - union claim as to limited location for slab storage refused - new enterprise awards reflecting decision to be filed. LEGISLATION CITED : Industrial Relations Act 1996 CASES CITED : Notification under s130 by Minister for Industrial Relations of an Industrial Dispute between BHP Billiton and the Australian Workers' Union, NSW and Others [2002] NSWIRComm 378 HEARING DATES: 06/22/2004; 06/23/2004; 06/24/2004 DATE OF JUDGMENT: 06/24/2004