NSW Caselaw
Industrial Relations Commission of New South Wales
CITATION: BlueScope Steel (AIS) Pty Ltd v AWU [2006] NSWIRComm 248
PARTIES: BlueScope Steel (AIS) Pty Ltd Australian Workers' Union, New South Wales
FILE NUMBER(S): IRC 2281 and 2282 of 2006
CORAM: Grayson DP
CATCHWORDS: Industrial dispute - Introduction of change - Projected increase in levels of international and domestic competition - Ongoing need to maintain viability of plate mill as driver of change - Projected efficiency and productivity gains - Long line of arbitral authority as to employer's right to manage its operation - Commission will intervene only where consequence of change is unjust or unreasonable - Onus on union to prove such consequence - Held, no such consequence demonstrated - Nil redundancies - Status quo restriction removed - Implementation of change no longer impeded
LEGISLATION CITED: Industrial Relations Act 1996
Australian Iron and Steel Pty Ltd v Federated Ironworkers Association of Australia, New South Wales Division (No 254 of 1977) BHP Steel (AIS) Pty Ltd - Port Kembla Restructured Ironworker Classification Rates of Pay Award (No IRC 582 of 1996) CASES CITED: Clancy v Butchers' Shop Employees Union (1904) 1 CLR 181 Re Cram; Ex Parte NSW Colliery Proprietors Association Limited (1987) 163 CLR 117 Re John Lysahght (Australia) Limited Port Kembla - Slit Recoil Line (IRC 2374 of 1994) Re Steel Works Employees and Engine Drivers, etc (Australian Iron and Steel Limited - Port Kembla) Awards [1956] AR 855
HEARING DATES: 27/07/06, 28/07/06
DATE OF JUDGMENT: 08/04/2006
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