BlueScope Steel (AIS) Pty Limited v. Australian Workers' Union [2005] NSWIRComm 1136

Industrial Relations Commission of New South Wales

CITATION: BlueScope Steel (AIS) Pty Limited v. Australian Workers' Union [2005] NSWIRComm 1136

APPLICANT BlueScope Steel (AIS) Pty Limited

PARTIES: RESPONDENT Australian Workers' Union

FILE NUMBER(S): 4320 of 2005

CORAM: Connor C

industrial dispute - change to rostered days off - refusal of employees to alter set rostered day off - alternative options provided and rejected - the force and operation of State awards - directions made CATCHWORDS:

Industrial Relations Act 1996 LEGISLATION CITED:

Lonnergan v. Molloy (1914) AR 189 McKerlie v. Lake View and Star Limited (1937) 58 CLR 396 CASES CITED: Tinning v. Newcastle and Suburban Co-operative Society Limited (1942) AR 555

HEARING DATES: 08/18/2005 EXTEMPORE JUDGMENT DATE : 08/18/2005

APPLICANT Adam Dansie Australian Industry Group LEGAL REPRESENTATIVES:

RESPONDENT Dave Hancock Australian Workers' Union

DECISION: INDUSTRIAL RELATIONS COMMISSION OF NEW SOUTH WALES

CORAM: CONNOR C

Thursday, 18 August, 2005

Matter No IRC 4320 of 2005

BlueScope Steel (AIS) Pty Limited and the Australian Workers' Union

Dispute notification under S.130 of the Industrial Relations Act, 1996 re change to rostered day off

DECISION

[2005] NSWIRComm 1136

1 Pursuant to the provisions of S.130 of the 1996 Industrial Relations Act, a notification of an industrial dispute has been lodged for and on behalf of BlueScope Steel (AIS) Pty Limited. The dispute, with the Australian Workers' Union, relates to a changes in the rostered day off for employees of the plate mill of BlueScope Steel who are covered by the provisions of the BlueScope Steel (AIS) Pty Limited - Port Kembla Steelworks Employees Award. The matter was allocated to me and I set it down for a conference on Thursday, 18 August, 2005 (in Sydney).