BlueScope Steel Limited and Australian Workers' Union, New South Wales [2008] NSWIRComm 1044

Industrial Relations Commission of New South Wales

CITATION: BlueScope Steel Limited and Australian Workers' Union, New South Wales [2008] NSWIRComm 1044

APPLICANT BlueScope Steel Limited PARTIES: RESPONDENT Australian Workers' Union, New South Wales

FILE NUMBER(S): 2234 of 2007

CORAM: Macdonald C

CATCHWORDS: Dispute - Referral Agreement per s146A of the Industrial Relations Act 1996 - Company proposed a workplace change at the Tension Leveller Line unit and the Manual Pack unit involving a combination of the workflow of both units into one workflow unit - change from shiftwork pattern to day work and reduction of two employees would result from proposed change - proposed workplace change is "significant in nature" - Union invoked "status quo" award provision - effect of the "status quo" provision is that the Company is unable to introduce its intended work change - award provision requires parties to confer on proposed work change - parties unable to agree on the introduction of the Company's proposed change or alternative work pattern changes proposed by the Union - conciliation at an end - Hearing - Award sets out four criteria to be considered by the Commission as to whether to grant Company's sought after remedy that the Commission revoke the status quo - onus on Union to persuade Commission not to revoke the status quo - evidence on four criteria - Held: status quo revoked - Company can introduce its proposed workplace change.

LEGISLATION CITED: Industrial Relations Act 1996

CASES CITED: AWU v BlueScope Steel (AIS) Pty Ltd [2006] NSWIRComm 318 Re: Iron and Steel Works Employees (Australian Iron and Steel Pty Ltd - Port Kembla Award,....[1997] NSWIRComm 11