Bluescope Steel Limited v The Australian Workers' Union, New South Wales [2007] NSWIRComm 307

Industrial Court of New South Wales

CITATION: Bluescope Steel Limited v The Australian Workers' Union, New South Wales [2007] NSWIRComm 307

PROSECUTOR / DEFENDANT: Bluescope Steel Limited PARTIES: DEFENDANT / PROSECUTOR: The Australian Workers' Union, New South Wales

FILE NUMBER(S): 923 of 2006; 2427 of 2006

CORAM: Boland J

INDUSTRIAL ACTION - Summons by employer alleging contravention of industrial instrument - Steel industry - Whether industrial organisation of employees directed employees to stop performing normal work and to attend stop work meeting - Meaning of directing - Summons by industrial organisation of employees alleging that direction by employer to an employee to go home on full pay was in contravention of an industrial instrument - Consideration of the terms of an industrial award - Whether award permitted an employer to direct an employee to go home on full pay in circumstances where employee's position was surplus to requirements - Medical restrictions applied to employee's employment - Whether employer contravened award by failing to consult - Summonses dismissed CATCHWORDS: INDUSTRIAL DISPUTE - Summons by employer alleging contravention of industrial instrument - Steel industry - Whether industrial organisation of employees directed employees to stop performing normal work and to attend stop work meeting - Meaning of directing - Summons by industrial organisation of employees alleging that direction by employer to an employee to go home on full pay was in contravention of an industrial instrument - Consideration of the terms of an industrial award - Whether award permitted an employer to direct an employee to go home on full pay in circumstances where employee's position was surplus to requirements - Medical restrictions applied to employee's employment - Whether employer contravened award by failing to consult - Summonses dismissed