BlueScope Steel Limited v. Australian Workers Union, Electrical Trades Union and Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union [2008] NSWIRComm 1039

Industrial Relations Commission of New South Wales

CITATION: BlueScope Steel Limited v. Australian Workers Union, Electrical Trades Union and Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union [2008] NSWIRComm 1039

APPLICANT BlueScope Steel Limited

FIRST RESPONDENT Australian Workers Union PARTIES: SECOND RESPONDENT Electrical Trades Union of Australia

THIRD RESPONDENT Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union

FILE NUMBER(S): IRC 2030 of 2007

CORAM: Connor C

CATCHWORDS: industrial dispute - steelworks - coupled pickled cold mill - referral agreement arangements - restructuring of maintenance operations - manning levels on shift - preservation of existing arrangements until matter resolved - whether production employees called upon to perform additional work - occupational health and safety issues - questions of fairness of new arrangements - efficiency of the operations - proposal approved

Industrial Relations Act 1996 LEGISLATION CITED: Occupational Health and Safety Act 2000 Federal Workplace Relations Amendment (Work Choices) Act 2005

Australian Workers Union v. BlueScope Steel (AIS) Pty Limited (2006) 157 IR 93 Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union v. Ralph M Lee Pty Limited (1996) 68 IR 333 Broken Hill Proprietary Company Limited 4% Second Tier Wage Increase Dispute Case - unreported Caltex Australian Limited Dispute Case [2002] NSWIRComm 1082 Clark v. Pittwater RSL Club Limited (1998) 84 IR 309 Re Cram; ex parte New South Wales Colliery Proprietors Association Limited (1987) 61 ALJR 401 Department of Water Resources v. Australian Workers Union (1992) 43 IR 76 CASES CITED: Ermani Constructions Case (1988) 23 IR 346 Mackie v. Weinholt (1880) 5 Qld SCR 211 Labor Council of New South Wales v. Axis Metal Roofing (2004) 131 IR 272 Ottoman Bank v. Chakarian (1930) AC 277 Shift Workers Case (1972) AR 633 Soaking Pits Dispute Case (1955) AR 663 Transport Workers' Union of New South Wales v. Chubb Security Services Limited (2005) 147 IR 199 Tundish Repair Disputes Case [2007] NSWIRComm 1045