Bluescope Steel (AIS) Pty Limited v The Australian Workers' Union, New South Wales (No 2) [2004] NSWIRComm 145

Industrial Relations Commission of New South Wales in Court Session

CITATION : Bluescope Steel (AIS) Pty Limited v The Australian Workers' Union, New South Wales (No 2) [2004] NSWIRComm 145 PROSECUTOR BlueScope Steel (AIS) Pty Limited formerly known as BHP Steel (AIS) Pty Ltd PARTIES : DEFENDANT Australian Workers' Union, New South Wales FILE NUMBER: IRC 2153 of 2003 CORAM: Boland J Contravention of industrial instrument - Enterprise Agreement - Steel industry - Hot metal dumped as part of industrial action - Agreement precluded dumping of hot metal - Application for recovery of civil penalty - Factors considered relevant to penalty - Penalty imposed - Costs CATCHWORDS : Enterprise Agreement - Contravention of industrial instrument - Steel industry - Hot metal dumped as part of industrial action - Agreement precluded dumping of hot metal - Application for recovery of civil penalty - Factors considered relevant to penalty - Penalty imposed - Costs Industrial Relations Act 1996 LEGISLATION CITED : Industrial Relations Commission Rules 1996 Legal Profession Act 1987 BHP Steel (AIS) Pty Ltd v CFMEU [2000] FCA 1908 BHP Steel (AIS) Pty Ltd v Construction, Forestry, Mining & Energy Union (2000) 102 IR 275 BlueScope Steel (AIS) Pty Ltd formerly known as BHP Steel (AIS) Pty Ltd v Australian Workers' Union, New South Wales and Ors [2004] NSWIRComm 21 Broken Hill Commerce and Industry Consent Award (No 2) Re (2002) 120 IR 429 CASES CITED : Construction, Forestry, Mining & Energy Union v Coal & Allied Operations Pty Ltd (No. 2) (1999) 94 IR 231 Corrections Health Service Nurses Award Re (1999) 90 IR 235 Ohn v Walton (1995) 36 NSWLR 77 Notification under s130 by BHP Steel (AIS) Pty Ltd of a dispute with the Australian Workers' Union, New South Wales and others (2003) 125 IR 216 Robertson v Marrickville Council [2003] NSWIRComm 394 The Age Company Ltd v Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union (2000) 103 IR 148 HEARING DATES: 05/14/2004 DATE OF JUDGMENT: 06/01/2004