AWU, NSW v BHP Steel [2004] NSWIRComm 218

Industrial Relations Commission of New South Wales

CITATION : AWU, NSW v BHP Steel [2004] NSWIRComm 218 PARTIES : Australian Workers' Union, New South Wales Branch BHP Steel (now known as BlueScope Steel) FILE NUMBER: 3616 of 2003 CORAM: Grayson DP CATCHWORDS : Industrial dispute, new safety gloves issued by employer, new gloves cut-resistant but prone to become slippery when moist, employees sought return of old gloves pending resolution of slipperiness concerns, old gloves provide dirt barrier only and not cut-resistance, employer declined employee request, alternative gloves and systems of work trialled and/or discussed, employer requested employee participate in Job Safety Analysis (JSA) process, JSA part of overall safety management system within steelworks, process is inclusive and consultative, employees perception of process outcome as being predetermined had no basis in objective fact, union official attended workplace, acrimonious and abusive conduct, refusal by employees to participate in JSA process, employees stood down for refusal to participate in JSA, union application for reimbursement of lost wages declined LEGISLATION CITED : Industrial Relations Act 1996 Occupational Health and Safety Act 2000 HEARING DATES: 05/06/2004; 05/07/2004; 06/18/2004; 07/20/2004 DATE OF JUDGMENT: 08/03/2004

AUSTRALIAN WORKERS' UNION Mr A Gillespie, Port Kembla Branch Secretary

LEGAL REPRESENTATIVES: BLUESCOPE STEEL Limited Ms L Dean, solicitor Blake Dawson Waldron

JUDGMENT: - 14 - INDUSTRIAL RELATIONS COMMISSION OF NEW SOUTH WALES