BHP Steel (AIS) v Australian Workers' Union, NSW [2002] NSWIRComm 302

Industrial Relations Commission of New South Wales

CITATION : BHP Steel (AIS) v Australian Workers' Union, NSW [2002] NSWIRComm 302 PARTIES : BHP Steel (AIS) Australian Workers' Union, NSW FILE NUMBER: IRC 597 of 2002 CORAM: Grayson DP Dispute proceedings - conciliation unsuccessful - application by notifier for variation of award as to rates of pay for Refractory Installers - dispute as to quantum - changes in work value - some agreed - others alleged - 1995 restructure as datum point - whether each and every change should be considered as relevant for purpose of work value principle - test of signficant net addition applied - changes in the nature of improved productivity and efficiency recently recognised in two-stage pay increase prescribed by BHP enterprise awards CATCHWORDS : Held, work value tests met by certain changes and not by others - award varied - pay increases retrospectively ordered LEGISLATION CITED : Industrial Relations Act 1996 s 15 s 17 s 130 Australian Workers Union, NSW v Construction, Forestry, Mining and Energy Union, NSW - IRC 01/458 (Walton J, Vice President), 8 August 2001, unreported Construction, Forestry, Mining and Energy Union, NSW v Australian Workers' Union, NSW - IRC 02/2586 (Walton, J Vice President), 8 August 2001, unreported BHP Billiton v Australian Workers Union & Others, IRC 01/8095 (Walton, J Vice President), 13 May 2002, unreported CASES CITED : BHP Steel (AIS) Pty Limited - Port Kembla Restructured Refractory Employees Classifications Rates of Pay Award, IRC 95/967 (Hungerford J), 18 May 1995, unreported BHP Steel (AIS) Pty Limited - Port Kembla Restructured Ironworkers Classifications Rates of Pay Award, IRC 95/1918 (Hungerford J), 12 December 1995, unreported State Wage Case 1989 (1989) 35 IR 183 State Wage Case 2002 (2002) 114 IR 81 HEARING DATES: 06/20/2002; 06/27/2002; 07/01/2002; 10/23/2002; 11/07/2002 DATE OF JUDGMENT: 12/05/2002