BHP Steel Ltd v The Australian Workers' Union, New South Wales [2003] NSWIRComm 423

Industrial Relations Commission of New South Wales in Court Session

CITATION : BHP Steel Ltd v The Australian Workers' Union, New South Wales [2003] NSWIRComm 423 APPLICANT BHP Steel Ltd PARTIES : DEFENDANT The Australian Worker' Union, New South Wales FILE NUMBER: IRC 4899 of 2002 CORAM: Haylen J CATCHWORDS : Industrial Relations Act 1996 - s 137 - dispute orders - limited nature of orders that may be made as 'dispute orders' - use of s 136 to make supporting or ancillary orders considered - order to discuss an urgent need for despatch of product not a 'dispute order' made under s 137 - order the union, its officers and members take all reasonable steps to secure return to work not a 'dispute order' made under s 137 - no breach of dispute orders as alleged - consideration of conduct covered by the orders results in finding of no breach as alleged - application dismissed LEGISLATION CITED : Industrial Relations Act 1996 s 130 s 136(1)(d) s 137(1)(a) s 138 s 139(3)(a) City of Botany Bay v Federated Municipal and Shire Council Employees' Union of Aust., NSW Division(24 February 2000, IRC 638 of 2000). CASES CITED : Public Employment Office v NSW Fire Brigades Employees Union (unreported, 1 December 1999, IRC 6599 of 1999). The Transport Workers Union v Chubb Security Services [2001] NSWIRComm 248 HEARING DATES: 11/05/2003; 11/06/2003 DATE OF JUDGMENT: 12/01/2003

APPLICANT Mr R J Buchanan QC with Mr R S Warren of counsel SOLICITOR Mr D Lloyd Blake Dawson Waldron