Australian Workers Union, New South Wales (on behalf of Ciro Pinto) and BlueScope Steel (AIS) Pty Limited [2008] NSWIRComm 1017

Industrial Relations Commission of New South Wales

CITATION: Australian Workers Union, New South Wales (on behalf of Ciro Pinto) and BlueScope Steel (AIS) Pty Limited [2008] NSWIRComm 1017

APPLICANT Australian Workers' Union, New South Wales PARTIES: RESPONDENT BlueScope Steel (AIS) Pty Limited

FILE NUMBER(S): 1329 of 2007; 1330 of 2007

CORAM: Macdonald C

CATCHWORDS: Section 84 unfair dismissal application - Section 130 dispute notification plus s146A Referral Agreement - Dismissal of Mr Ciro Pinto from Bulk Berth Discharge - Pinto responsible for tipping his forklift onto its side - another employee (Mr Dilevski) advised company officers that he was the person responsible for the forklift incident - Dilevski undertook drug & alcohol test - negative test result - company investigation into incident - Pinto admitted he was person driving forklift and tipped the forklift - Pinto avoided drug and alcohol test by his dishonesty - Pinto worked on large mobile equipment later that shift - Pinto dismissed for serious and wilful misconduct - reinstatement application - Union's case was that Pinto's manager had condoned Pinto's conduct during their first meeting when Pinto owned up to his dishonesty - Respondent's case was that summary dismissal warranted given Pinto's dishonest conduct - Commission found that manager had condoned Pinto's conduct - reinstatement ordered - no order made for Pinto to be paid for lost earnings.

LEGISLATION CITED: Industrial Relations Act 1996 Occupational Health and Safety Act 2000

Australian Workers' Union, New South Wales (o/b Zoran Angelkovski) and BlueScope Steel (AIS) Pty Limited [2007] NSW IRComm 1010 Australian Workers Union, New South Wales (o/b Vince Stojanovski) and BlueScope Steel Pty Limited (IRC 4305/04) 18 October 2004) Australian Workers Union, New South Wales (o/b Dirk von Borstel) and BlueScope Steel (AIS) Pty Limited [2007] NSWIRComm 1009 Briginshaw v Briginshaw (1938) 60 CLR 336 CASES CITED: Concut Pty Ltd v Worrell and Another (2000) 176 ALR 693 Corbeski v BlueScope Steel (AIS) Pty Limited [2006] NSWIRComm 1170 Janonovski v BlueScope Steel (AIS) Pty Limited [2007] NSWIRComm 1019 Leonard v BlueScope Steel Limited [2007] NSWIRComm 1023 Outboard World Pty Ltd t/as Budget Waste Control (Sydney) v Muir (1993) 51 IR 167 Pastrycooks Employees, Biscuit Makers Employees and Flour and Sugar Goods Workers Union v Gartrell White (No 3) (1990) 35 IR 70