Australian Workers Union, New South Wales v BlueScope Steel Limited [2010] NSWIRComm 1045

Industrial Relations Commission of New South Wales

CITATION: Australian Workers Union, New South Wales v BlueScope Steel Limited [2010] NSWIRComm 1045

APPLICANT Australian Workers Union, New South Wales PARTIES: RESPONDENT BlueScope Steel Limited

FILE NUMBER(S): 191 of 2010

CORAM: Macdonald C

CATCHWORDS: Dispute Notification by Australian Workers Union - employee given warning for not following a reasonable request and suspended without pay - Union claims that request was unreasonable - defences submitted by Union as to unreasonableness of request - defences rejected by Commission - Held: Commission declined to intervene in Company decision to issue warning and suspend the employee without pay.

LEGISLATION CITED: Industrial Relations Act 1996

HEARING DATES: 30/06/10; & 01/07/10

DATE OF JUDGMENT: 27 August 2010

APPLICANT Mr D Hancock, Australian Workers Union, New South Wales LEGAL REPRESENTATIVES: RESPONDENT Mr M Davis, BlueScope Steel Limited

DECISION: - 10 - INDUSTRIAL RELATIONS COMMISSION OF NEW SOUTH WALES

CORAM: MACDONALD C

27 August, 2010

Matter No IRC 191 of 2010

Australian Workers Union, New South Wales v BlueScope Steel Limited

Notification under section 130 by Australian Workers Union, New South Wales of a dispute with BlueScope Steel Limited re warning

DECISION

[2010] NSWIRComm 1045

1 The Australian Workers Union, New South Wales ("the Union"), lodged a dispute notification against BlueScope Steel Limited ("the Company"), pursuant to section 130 of the Industrial Relations Act 1996 ("the Act"). 2 The dispute notification was lodged on 8 April, 2010. 3 The dispute notification stated that an employee had been given a warning for not following a reasonable request. The Union would argue that the request was unreasonable. 4 The dispute was listed before Grayson DP on 8 April, 2010 in Wollongong. On that day, following a compulsory conference, Grayson DP issued a certificate of attempted conciliation pursuant to section 135 of the Act. The Union exercised its right under section 173 of the Act to have another member of the Commission carry out the arbitration of the matter. 5 The file was then reallocated to myself and was set down for directions on 21 April, 2010. 6 At the Hearing, the Union was represented by Mr D Hancock, union official, who called the following witnesses: Graham Blackmore - employee Laxor Dzajkovski - employee 7 At the Hearing, the Company was represented by Mr M Davis, who called the following witnesses: Cameron Hughes - Strip Co-ordinator, Slab Yard Christopher Murray - Western Port/Export Co-ordinator, Slab Yard Michael White - Technical Co-ordinator Strip & Plate, Slab Yard Andrew Gripton - Slab Yard Manager 8 The Hearing took place on 30 June and 1 July, 2010, in Wollongong.