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 [2001] NSWIRComm 337

Industrial Relations Commission of New South Wales

CITATION : 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 [2001] NSWIRComm 337 PARTIES : OneSteel Trading Limited The Australian Workers' Union, NSW, The Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union, NSW Branch, the Electrical Trades Union of Australia, NSW Branch, the Construction, Forestry, Mining and Energy Union, NSW Branch FILE NUMBER: IRC 4939 of 2001 CORAM: Harrison DP CATCHWORDS : Contracting out - principles to be applied - redeployment program by consultation - exchange program waiting list of volunteers from other departments - held - no issue of harsh, onerous or unsafe working conditions - direction issued preventing opposition to company contracting out work in accord with established agreement on use of contractors and displaced employees. LEGISLATION CITED : Industrial Relations Act 1996 John Lysaght (Australia) Ltd v Automotive, Metals and Engineering Union and anor (IRC340 of 1994 Hungerford J 7/4/94, unreported) CASES CITED : Re Cram, ex parte NSW Colliery Proprietors' Association Limited (1987) 163 CLR 117 John Lysaght (Australia) Ltd Port Kembla Slit Recoil Line Rates of Pay Award (1994) 279 IG 548 BHP Steel (JLA) Pty Ltd v AWU-FIME Amalgamated Union (IRC 2374 of 1994, Hungerford J, 21/3/95, unreported) HEARING DATES: 10/22/2001; 10/23/2001 DATE OF JUDGMENT: 12/17/2001

APPLICANT Mr D Lloyd, Solicitor Blake Dawson Waldron Solicitors