NSW Caselaw
Industrial Court of New South Wales
CITATION: Bluescope Steel (AIS) Pty Ltd v Australian Workers' Union, New South Wales [2006] NSWIRComm 274
PROSECUTOR Bluescope Steel (AIS) Pty Ltd PARTIES: DEFENDANT Australian Workers' Union, New South Wales
FILE NUMBER(S): IRC 2779 of 2004
CORAM: Boland J
Industrial action - Contravention of dispute orders - Steel industry - Whether stop work meeting constituted industrial action - Whether employees who engaged in industrial action were union members - Circumstantial evidence - Whether order may be made against a union to cease and refrain from engaging in industrial action - Whether picket constituted industrial action - Whether union official engaged in industrial action - Held that union, its officials and members of union acted in contravention of dispute orders CATCHWORDS: Industrial dispute - industrial action - Contravention of dispute orders - Steel industry - Whether stop work meeting constituted industrial action - Whether employees who engaged in industrial action were union members - Circumstantial evidence - Whether order may be made against a union to cease and refrain from engaging in industrial action - Whether picket constituted industrial action - Whether union official engaged in industrial action - Held that union, its officials and members of union acted in contravention of dispute orders
LEGISLATION CITED: Industrial Relations Act 1996 Interpretation Act 1987
Australian Workers' Union (NSW) v Bluescope Steel (AIS) Pty Ltd (2006) 151 IR 153 Bluescope Steel (AIS) Pty Ltd v Australian Workers' Union, New South Wales [2005] NSWIRComm 260 BlueScope Steel (AIS) Pty Ltd v The Australian Workers' Union, New South Wales [2006] NSWIRComm 149 Bluescope Steel Ltd (Formerly BHP Steel Limited) v Australian Workers' Union, NSW (2004) 137 IR 176 CASES CITED: Bluescope Steel (AIS) Pty Ltd v Australian Workers Union, New South Wales (2005) 138 IR 324 Briginshaw v Briginshaw (1938) 60 CLR 336 De Gruchy v R (2002) 211 CLR 85 Martin v Osborne (1936) 55 CLR 367 National Union of Workers, NSW Branch & Ors v TNT Australia Pty Ltd & Franklins Limited (1997) 42 AILR 5-142 Public Employment Office v The NSW Fire Brigade Employees Union [1999] NSWIRComm 556
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