BlueScope Steel (AIS) Pty Limited and Australian Workers' Union, New South Wales [2008] NSWIRComm 1015

Industrial Relations Commission of New South Wales

CITATION: BlueScope Steel (AIS) Pty Limited and Australian Workers' Union, New South Wales [2008] NSWIRComm 1015

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

FILE NUMBER(S): 2035 of 2007

CORAM: Macdonald C

CATCHWORDS: Dispute - Referral Agreement - dispute concerns disagreement over company's proposal to rationalise the Mechanical Trades Assistants structure in the Painting & Finishing Department at the Springhill site, Port Kembla - that disagreement had reached the stage where a "status quo" provision contained in the relevant award had been invoked by the Union - the effect of the "status quo" provision is that the company is unable to introduce its intended work change - during the "status quo" stage the parties are to confer (with or without the assistance of the Commission) over the intended work change - the "status quo" provision can be revoked by agreement of the parties, by expiry of a time limit for the "status quo" or by industrial action - the dispute notification by the company alleged that the "status quo" provision had been revoked by industrial action - Union disagreed - compulsory conference failed to resolve dispute notification - arbitration - evidence of witnesses as to conversations leading up to and including day of industrial action considered - legal issues considered - onus on the Company to prove industrial action by production employees was industrial action over the Company's proposed change on different class of employees (maintenance employees) - Held, the Company had not proved its case - "status quo" provision not revoked by industrial action of production employees.