Bluescope Steel Limited (Formerly BHP Steel Limited) v The Australian Workers' Union, New South Wales [2004] NSWIRComm 222

Industrial Relations Commission of New South Wales in Court Session

CITATION : Bluescope Steel Limited (Formerly BHP Steel Limited) v The Australian Workers' Union, New South Wales [2004] NSWIRComm 222 APPELLANT Bluescope Steel Limited PARTIES : RESPONDENT The Australian Workers' Union, New South Wales FILE NUMBER: IRC 7335 of 2003 CORAM: Wright J President; Walton J Vice-President; Marks J CATCHWORDS : Appeal - dispute orders made under s137 - alleged contravention of dispute orders - kinds of dispute orders available under s137 - jurisdiction - cease and refrain order - power to make dispute orders against a union - order ancillary or in aid of primary dispute order - obligation to take "reasonable steps" to ensure compliance with dispute order - words not too vague and imprecise - failure to exercise authority under union rules not a failure to take reasonable steps in the circumstances - requirement to hold discussions facilitative and ancillary to primary order - meaning of industrial action - despatch of urgent product required in accordance with enterprise agreement during periods of industrial action - work lawfully required - failure to hold immediate discussions - leave to appeal granted - appeal upheld in part - declaration made LEGISLATION CITED : Industrial Relations Act 1996 Abboud v The State of New South Wales (Department of School Education) (No. 2) (1999) 92 IR 32 BHP Steel v The Australian Workers' Union, New South Wales [2003] NSWIRComm 423 BHP Steel (AIS) Pty Ltd v Australian Workers' Union, New South Wales and Ors (2003) 125 IR 207 BHP Steel (AIS) Pty Ltd v Australian Workers' Union New South Wales and Ors (2003) 125 IR 216 City of Botany Bay v Federated Municipal and Shire Council Employees' Union of Aust., NSW Division (unreported, 24 February 2000, IRC 638 of 2000) Coal and Allied Operations Pty Ltd v Australian Industrial Relations Commission (2000) 203 CLR 194 Hawkins v Pender Bros Pty Ltd [1990] 1 Qd R 135 Hospital Products Ltd v United States Surgical Corporation (1984) 156 CLR 41 CASES CITED : House v The King (1936) 55 CLR 499 Mounsey v Lafayette (2002) VSC 342 National Union of Workers, New South Wales Branch & Ors v TNT Australia Pty Limited and Franklins Limited [1997] NSWIRComm 104 Parland Pty Ltd & Ors v Mariposa Pty Ltd (1995) 5 TASR 121 Public Employment Office v NSW Fire Brigades (unreported, 1 December 1999, IRC 6599 of 1999) R v The Commonwealth Conciliation and Arbitration Commission and Ors, ex parte The Transport Workers Union of Australia (1969) 119 CLR 529 Sheffield District Railway Co v Great Central Railway Co (1911) 27 The Times LR 451 Terrell v Mabie Todd and Co., Ltd [1952] 2 The Times LR 29 August 1952 Transport Workers' Union of Australia, New South Wales Branch v Chubb Security Services Ltd [2001] NSWIRComm 248 Wade v Burn (1966) 115 CLR 537 HEARING DATES: 07/27/2004 DATE OF JUDGMENT: 08/27/2004