BHP Steel (AIS) Pty Ltd (now known as BlueScope Steel (AIS) Pty Ltd) and The Australian Workers' Union, NSW [2006] NSWIRComm 263

Industrial Court of New South Wales

CITATION: BHP Steel (AIS) Pty Ltd (now known as BlueScope Steel (AIS) Pty Ltd) and The Australian Workers' Union, NSW [2006] NSWIRComm 263

Applicant: PARTIES: BHP Steel (AIS) Pty Ltd (now known as Blue Scope Steel Pty Ltd) Respondent: The Australian Workers' Union, NSW

FILE NUMBER(S): IRC1109 of 2003

CORAM: Kavanagh J

CATCHWORDS: Breach of dispute orders – whether actions of members and delegates were actions of the union - trade and industrial unions have a legal personality separate from its members - union rules relevant to determine if acts were acts of union in breach – orders valid - no appeal pursued - protected by s179 – whether natural justice - procedural fairness an issue in consideration of penalty - level of seriousness of the offence – mitigation of penalty - penalty imposed – no order as to costs

LEGISLATION CITED: Industrial Relations Act 1996 Evidence Act 1995 s140

Australian Workers' Union, New South Wales v Bluescope Steel (AIS) Pty Limited (2006) 151 IR 153 BHP Steel Ltd v The Australian Workers' Union, New South Wales [2003] NSWIRComm 151 BHP Steel (AIS) Pty Limited (now known as Blue Scope Steel Pty Ltd) v The Australian Workers' Union, NSW [2005] NSWIRComm 261 Commonwealth Steamship Owners' Association v Federated Seaman's Union of Australasia (1923) 33 CLR 297 Construction, Forestry, Mining and Energy Union v Clarke (2006) 149 IR 224 Department of Mineral Resources of NSW v AM Hoipo & Sons Pty Ltd (2000) 99 IR 137 CASES CITED: Kelly v Construction, Forestry, Mining & Energy Union (1994) 125 ALR 109 Moore v Doyle (1969) 15 FLR 59 Re Electricity Commission of New South Wales v Public Service Association (unreported decision of Hill J, 30 March 1992, No. IRC 313 of 1991) Rowe v Transport Workers' Union of Australia (1998) 90 FCR 95 Skilled Engineering Limited v Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union (2002) 116 IR 116 Tesco Supermarkets Ltd v Nattrass [1972] AC 153 Waterside Workers' Federation v Burgess Brothers Limited (1916) 21 CLR 129 WorkCover Authority (Inspector Mason) v Wild Geese Building & Maintenance Pty Limited [2006] NSWIRComm 152