BHP Steel (AIS) Pty Ltd - Maintenance Restructuring Award and other matters [2001] NSWIRComm 245

Industrial Relations Commission of New South Wales

CITATION : BHP Steel (AIS) Pty Ltd - Maintenance Restructuring Award and other matters [2001] NSWIRComm 245 APPLICANT: Electrical Trades Union of Australia, New South Wales Branch Australian Workers' Union, New South Wales PARTIES : Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union, New South Wales Branch

RESPONDENT: BHP Steel (AIS) Pty Ltd FILE NUMBER: IRC 5840 of 2000 & IRC 1598 & 6267 of 2001 CORAM: Walton J Vice-President Industrial Disputes - Application for a new award - Review of maintenance at Port Kembla Steelworks - Contracting out of employees engaged in maintenance - Conciliation resulted in agreement as to mechanism to resolve dispute - Certificate of attempted conciliation issued - Preliminary question - Prior agreements of parties - Steel Industry Agreement - Parties agreed to be bound by decision - Arbitration of question - Resumption of conciliation - Agreement reached as to arrangements for review of maintenance - Public interest - Industrial Merit - Unnecessary to finally resolve preliminary question - Preliminary decision - Interim orders made - Directions given - Report backs - Working party reports - Assessment of Alliance Partners - Further orders - Company evaluation - Further conciliation - Settlement by award - Industrial dispute resolved - Orders rescinded CATCHWORDS : New Award - Application arising from settlement of industrial dispute by conciliation - Award represents proper balancing of interests - Appropriate means introducing contracting with protections for employees - Orders revoked - Suppression orders - Award made LEGISLATION CITED : Industrial Relations Act 1996 s130 CASES CITED : Electrical Trades Union of Australia, New South Wales Branch and others v BHP Steel (AIS) Pty Limited [2001] NSWIRComm 70 HEARING DATES: 12/07/2000; 12/12/2000; 02/05/2001; 02/07/2001; 02/16/2001; 03/05/2001; 03/06/2001; 03/13/2001; 03/30/2001; 03/31/2001; 04/01/2001; 04/02/2001; 04/03/2001; 06/15/2001; 06/25/2001; 07/17/2001; 09/05/2001; 09/12/2001; 09/18/2001; 09/24/2001 EXTEMPORE JUDGMENT DATE : 09/24/2001