Australian Workers' Union, New South Wales -v- BlueScope Steel Limited [2005] NSWIRComm 72

Industrial Relations Commission of New South Wales

CITATION: Australian Workers' Union, New South Wales -v- BlueScope Steel Limited [2005] NSWIRComm 72

Australian Workers' Union, New South Wales PARTIES: BlueScope Steel Limited

FILE NUMBER(S): 6025 of 2004

CORAM: Grayson DP

CATCHWORDS: Industrial dispute - Industrial action - Application for strike pay - Concerns for health and safety - Basis for industrial action - Whether concerns for health and safety were reasonable - Modified workplace design - Alternative proposals for walkway, crane access and placement of scrap bins - Clear and evident purpose of statute - Prohibition on strike pay - Limited exception - Tests to be applied re claims for strike pay - Held, concerns for health and safety not reasonable - Statutory tests not satisfied - No basis for orders sought - Application dismissed

Occupational Health and Safety Act 2001 LEGISLATION CITED: Occupational Health and Safety Act 2000 Industrial Relations Act 1996

Labor Council of NSW & Ors v Axis Metal Roofing & ors [2004] NSWIRComm 53 Caltex Australia Limited v Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union, New South Wales Branch and others re casual rate of pay [2002] NSWIRComm 1082 New South Wales Teachers' Federation and TAFE Commission (unreported, Matter No IRC 111 of 1997, Schmidt J, 26 September 1997 CASES CITED: Australian Meat Industry Employees Union v Australian Meat Holdings Pty Ltd [1996] NSWIRComm 223 Transport Workers' Union of Australia, New South Wales Branch v Kwikasair Express, a Division of TNT Australia Pty Limited (unreported, Matter No IRC 138 of 1994, McKenna C, 2 August 1994