Inquiry into the Boeing Dispute at Williamtown, Re [2006] NSWIRComm 52

Industrial Relations Commission of New South Wales

CITATION: Inquiry into the Boeing Dispute at Williamtown, Re [2006] NSWIRComm 52

BY LEAVE Australian Industry Group Australian Workers' Union Australian Workers' Union, New South Wales PARTIES: Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union Boeing Australia Ltd Commonwealth Government Minister for Industrial Relations Unions NSW

FILE NUMBER(S): IRC 5639 of 2005

CORAM: Walton J Vice-President; Boland J; Ritchie C

Ministerial Reference - Reference by Minister for Industrial Relations pursuant to s 146(1)(d) of the Industrial Relations Act 1996 in relation to an industrial dispute concerning Boeing Australia Ltd and the FA 18 Hornet aircraft maintenance workers at Williamtown Air Force Base in New South Wales - Five terms of reference: (1) the status of the disputing parties at the Royal Australian Air Force Airbase at Williamtown, (2) the actual or potential economic impact of the dispute on the community surrounding the Royal Australian Air Force Airbase at Williamtown and the State as a whole, (3) if, as a consequence of the disputation between Boeing Australia Ltd and its FA-18 Hornet aircraft maintenance workers and their union, the Australian Workers Union, there has been any endangerment or likely endangerment to the health and safety of the workers and/or the community surrounding the Royal Australian Air Force Airbase at Williamtown, (4) the adequacy of currently available remedies to encourage the parties to the dispute to resolve the dispute promptly, effectively and fairly, and (5) if there are any actions that the Industrial Relations Commission of New South Wales can take in order to assist the parties to the dispute to resolve the dispute - Full Bench constituted to inquire and report - Report provided to Minister - Conclusions reached in respect of each term of reference - Recommended that: (1) the WorkCover Authority fulfil its statutory duty by undertaking a full and proper investigation as to whether the use by Boeing of inexperienced personnel during the current strike action has led to any breach of the provisions of section 8 or any other section of the Occupational Health and Safety Act 2000, (2) the Minister give serious and urgent consideration as to whether he ought, under section 167(1) of the Industrial Relations Act 1996, initiate proceedings in the Industrial Relations Commission of New South Wales in respect of the Boeing dispute at Williamtown, and (3) in the event the Minister indicates an intention to initiate proceedings under s 167(1) of the Industrial Relations Act 1996, or any other interest lodges a dispute notification, steps be taken immediately to have the striking employees return to work at the earliest opportunity CATCHWORDS: Industrial dispute - Ministerial Reference - Reference by Minister for Industrial Relations pursuant to s 146(1)(d) of the Industrial Relations Act 1996 in relation to an industrial dispute concerning Boeing Australia Ltd and the FA 18 Hornet aircraft maintenance workers at Williamtown Air Force Base in New South Wales - Five terms of reference: (1) the status of the disputing parties at the Royal Australian Air Force Airbase at Williamtown, (2) the actual or potential economic impact of the dispute on the community surrounding the Royal Australian Air Force Airbase at Williamtown and the State as a whole, (3) if, as a consequence of the disputation between Boeing Australia Ltd and its FA-18 Hornet aircraft maintenance workers and their union, the Australian Workers Union, there has been any endangerment or likely endangerment to the health and safety of the workers and/or the community surrounding the Royal Australian Air Force Airbase at Williamtown, (4) the adequacy of currently available remedies to encourage the parties to the dispute to resolve the dispute promptly, effectively and fairly, and (5) if there are any actions that the Industrial Relations Commission of New South Wales can take in order to assist the parties to the dispute to resolve the dispute - Full Bench constituted to inquire and report - Report provided to Minister - Conclusions reached in respect of each term of reference - Recommended that: (1) the WorkCover Authority fulfil its statutory duty by undertaking a full and proper investigation as to whether the use by Boeing of inexperienced personnel during the current strike action has led to any breach of the provisions of section 8 or any other section of the Occupational Health and Safety Act 2000, (2) the Minister give serious and urgent consideration as to whether he ought, under section 167(1) of the Industrial Relations Act 1996, initiate proceedings in the Industrial Relations Commission of New South Wales in respect of the Boeing dispute at Williamtown, and (3) in the event the Minister indicates an intention to initiate proceedings under s 167(1) of the Industrial Relations Act 1996, or any other interest lodges a dispute notification, steps be taken immediately to have the striking employees return to work at the earliest opportunity