Bluescope Steel v AWU and Anor [2005] NSWIRComm 99

Industrial Relations Commission of New South Wales in Court Session

CITATION: Bluescope Steel v AWU and Anor [2005] NSWIRComm 99

PROSECUTOR Bluescope Steel (AIS) Ltd

PARTIES: DEFENDANTS Australian Workers' Union, New South Wales Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union, New South Wales Branch

FILE NUMBER(S): IRC 3223 and 3226 of 2004

CORAM: Boland J

Industrial dispute - Contravention of dispute orders - Steel Industry - Contemporaneous notes - Whether employees engaging in industrial action were union members - Consideration of Briginshaw standard - Consideration of "all reasonable steps" - Consideration of circumstances that may require a direction to be given to striking employees under the Rules of a Union - Held that respondent Unions had contravened dispute orders CATCHWORDS: Industrial action - Contravention of dispute orders - Steel Industry - Contemporaneous notes - Whether employees engaging in industrial action were union members - Consideration of Briginshaw standard - Consideration of "all reasonable steps" - Consideration of circumstances that may require a direction to be given to striking employees under the Rules of a Union - Held that respondent Unions had contravened dispute orders

LEGISLATION CITED: Industrial Relations Act 1996

BHP Steel v Australian Workers Union, New South Wales [2003] NSWIRComm 151 Briginshaw v Briginshaw (1938) 60 CLR 336 CASES CITED: Neat Holdings Pty Limited v Karajan Holdings Pty Limited (1992) 110 ALR 449, (1992) 67 ALJR 170 Sodeman v The King (1936) 55 CLR 192