Australian Workers Union v. BlueScope Steel (AIS) Pty Limited [2007] NSWIRComm 1029

Industrial Relations Commission of New South Wales

CITATION: Australian Workers Union v. BlueScope Steel (AIS) Pty Limited [2007] NSWIRComm 1029

APPLICANT Australian Workers Union PARTIES: RESPONDENT BlueScope Steel (AIS) Pty Limited

FILE NUMBER(S): IRC 316 of 2007

CORAM: Connor C

CATCHWORDS: industrial dispute - stop work meeting - deduction of wages for industrial action - conditions for the completion of a referral agreement - application dismissed

LEGISLATION CITED: Industrial Relations Act 1996 Federal Workplace Relations Amendment (Work Choices) Act, 2005

HEARING DATES: 05/06/2007

EXTEMPORE JUDGMENT DATE : 5 June 2007

APPLICANT no appearance

LEGAL REPRESENTATIVES: RESPONDENT Michael Patti BlueScope Steel (AIS) Pty Limited

DECISION: INDUSTRIAL RELATIONS COMMISSION OF NEW SOUTH WALES

CORAM: CONNOR C

Tuesday, 5 June, 2007

Matter No IRC 316 of 2007

Australian Workers Union and BlueScope Steel (AIS) Pty Limited

Dispute notification under S.130 of the Industrial Relations Act, 1996 re deduction of wages of bulk handling operators for industrial action

DECISION

[2007] NSWIRComm 1029

1 Pursuant to the provisions of S.130 of the 1996 Industrial Relations Act, the Australian Workers' Union has lodged a notification of a dispute with BlueScope Steel (AIS) Pty Limited concerning the docking of salaries by operators working on the bulk berth of the shipping department. BlueScope Steel has deducted four hours from the employees over an unauthorised stoppage of work by them - estimated by BlueScope Steel as 15 minutes on Sunday, 11 March, 2007, followed by further work stoppage of five hours on Friday, 16 March, 2007. As far as the work stoppage on Sunday, 11 March. 2007 is concerned, BlueScope Steel has deducted wages for four hours from the employee's wages. It has done so in accordance with S.507(2) of the 2005 Federal Workplace Relations Amendment (Work Choices) Act, viz: