NSW Caselaw
Industrial Relations Commission of New South Wales in Court Session
CITATION: Australian Workers' Union, New South Wales v Bluescope Steel (AIS) Pty Limited [2006] NSWIRComm 71
APPELLANT Australian Workers' Union, New South Wales PARTIES: RESPONDENT Bluescope Steel (AIS) Pty Limited
FILE NUMBER(S): IRC 3681 of 2005
CORAM: Wright J President; Walton J Vice-President; Marks J
CATCHWORDS: Appeal - industrial dispute - industrial action - contravention of dispute orders - whether "all reasonable steps" taken to ensure compliance with dispute orders - ancillary orders - whether obligations in ancillary orders are not separate dispute orders - calculation of penalty - construction of s 139(4)(a) - leave to appeal refused and appeal dismissed regarding contravention - leave to appeal granted regarding penalty - appeal allowed as to penalty
LEGISLATION CITED: Industrial Relations Act 1996
BHP Steel (AIS) Pty Ltd v CFMEU [2000] FCA 1908 Bluescope Steel Ltd (formerly BHP Steel Ltd) v Australian Workers' Union, New South Wales (2004) 137 IR 176 Bluescope Steel (AIS) Pty Limited v AWU and Anor [2005] NSWIRComm 99 CASES CITED: Bluescope Steel (AIS) Pty Limited v AWU and Anor (No 2) [2005] NSWIRComm 210 Briginshaw v Briginshaw (1938) 60 CLR 336 Knowles v Anglican Church Property Trust (No 2) (1999) 95 IR 380 Parland Pty Limited & Ors v Mariposa Pty Limited (1995) 5 TASR 121
HEARING DATES: 05/12/2005
DATE OF JUDGMENT: 04/07/2006
APPELLANT Mr A Hatcher, counsel SOLICITORS Maurice May Lawyers
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