NSW Caselaw
Industrial Relations Commission of New South Wales
CITATION: BlueScope Steel (AIS) Pty Limited v. Australian Workers' Union [2005] NSWIRComm 1009
APPLICANT BlueScope Steel (AIS) Pty Limited
PARTIES: RESPONDENT Australian Workers' Union
FILE NUMBER(S): 7187 of 2004
CORAM: Connor C
campaign of industrial action - alleged safety concerns - dispute orders CATCHWORDS:
Industrial Relations Act 1996 LEGISLATION CITED:
BlueScope Steel Disputes Case (2004) 55 AILR Rep.200-121 CASES CITED: Caltex Australia Limited Dispute Case (unreported)
HEARING DATES: 01/14/2005
DATE OF JUDGMENT: 01/14/2005
EXTEMPORE JUDGMENT DATE : 01/14/2005
APPLICANT Jack de Flamingh Blake Dawson Waldron LEGAL REPRESENTATIVES:
RESPONDENT Andy Gillespie Australian Workers' Union
DECISION: INDUSTRIAL RELATIONS COMMISSION OF NEW SOUTH WALES
CORAM: CONNOR C
Friday, 14 January, 2005
Matter No IRC 7187 of 2004
BlueScope Steel (AIS) Pty Limited and the Australian Workers' Union, New South Wales Branch
Dispute notification under S.130 of the Industrial Relations Act, 1996 re site agreement
DECISION
[2005] NSWIRComm 1009
1 A notification has been lodged for and on behalf of BlueScope Steel (AIS) Pty Limited under S.130 of the 1996 Industrial Relations Act with respect to an industrial dispute involving members of the Australian Workers' Union employed as operators on BlueScope Steel's bulk operations department at Port Kembla. Continuing industrial action has severely disrupted the discharge of bulk cargoes from the bulk operations berth. The employees are presently covered by the Port Kembla Operations Enterprise Agreement (unregistered) which exceeded its nominal term on Friday, 6 August, 2004. Negotiations are under way for a new enterprise agreement for the site but those negotiations have been conducted in an atmosphere where there has been a series of work stoppages of short duration and, BlueScope Steel alleges, an overtime ban and a "go slow" which had prompted BlueScope Steel to lodge the S.130 notification.
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