OneSteel Manufacturing Pty Ltd and Australian Worker's Union, New South Wales re manufacturing strategy and trial procedures [2003] NSWIRComm 198

Industrial Relations Commission of New South Wales

CITATION : OneSteel Manufacturing Pty Ltd and Australian Worker's Union, New South Wales re manufacturing strategy and trial procedures [2003] NSWIRComm 198 PARTIES : OneSteel Manufacturing Pty Ltd Australian Workers' Union, New South Wales FILE NUMBER: IRC 5260 and IRC 2869 of 2002 CORAM: Harrison DP CATCHWORDS : Notifications under s130 of Industrial Relations Act 1996 - Work practice change - process of continuous improvement - reduction of crane driver position - establishment of day work training team - supplementary labour by fixed term hire, labour hire - allowed. Principles to be applied - safety considerations on record of achievement and prospects of improvement by training and altered work practices - obligation to co-operate in improvement does not remove right to dissent or access to disputes procedure - requires informal dissent, constructive criticism - consultation on review of improvement strategy and implementation of manufacturing strategy recommended. LEGISLATION CITED : Industrial Relations Act 1996 The Federated Ironworkers' Association of Australia (NSW Division) v BHP Steel Sheet & Coil Products Division Cullen J [1992] NSWIRComm 5 John Lysaght (Australia) Limited v Automotive, Metals and Engineering Union and the Federated Ironworkers' Association of Australia, NSW Division Hungerford J [1994] NSWIRComm 31 CASES CITED : John Lysaght (Australia) Limited Port Kembla Slit Recoil Line Rates of Pay Award Hungerford J [1995] NSWIRComm 18 Notification under Section 130 by OneSteel Trading Limited of a Dispute with The Australian Workers' Union, New South Wales and Others re proposed contracting out of non-core work Harrison DP [2001] NSWIRComm 337 Australian Federated Union of Locomotive Enginemen and State Rail Authority of New South Wales, Moore and Williams JJ and Johnson C 295 CAR 188. HEARING DATES: 05/19/2003; 05/20/2003 DATE OF JUDGMENT: 06/20/2003