Australian Workers' Union v. Australian Steel Mill Services Pty Limited [2005] NSWIRComm 1186

Industrial Relations Commission of New South Wales

CITATION: Australian Workers' Union v. Australian Steel Mill Services Pty Limited [2005] NSWIRComm 1186

APPLICANT Australian Workers' Union

PARTIES: RESPONDENT Australian Steel Mill Services Pty Limited

FILE NUMBER(S): 1785 of 2005

CORAM: Connor C

CATCHWORDS: industrial dispute - claim by employees to perform maintenance work on plant item - operation of maintenance contract with a third party - jurisdiction in compulsory conference proceedings

LEGISLATION CITED: Industrial Relations Act 1996

Kellogg (Australia) Pty Limited v. National Union of Workers (1998) 89 IR 391 New England Area Health Service Dispute Case - unreported CASES CITED: Nowra Coaches Case - unreported

HEARING DATES: 11/14/2005 EXTEMPORE JUDGMENT DATE : 11/14/2005

APPLICANT Darryl Anderson Australian Workers' Union LEGAL REPRESENTATIVES:

RESPONDENT Gordon Jervis

DECISION: INDUSTRIAL RELATIONS COMMISSION OF NEW SOUTH WALES

CORAM: CONNOR C

Monday, 14 November, 2005

Matter No IRC 1785 of 2005

Australian Workers' Union and Australian Steel Mill Services Pty Limited

Dispute notification under S.130 of the Industrial Relations Act, 1996 re allocation of work for new loader

DECISION

[2005] NSWIRComm 1186

Background

1 A notification of an industrial dispute was lodged for and on behalf of Australian Steel Mill Services Pty Limited under S.130 of the 1996 Industrial Relations Act when members of the Australian Workers' Union employed by it commenced a strike and were, according to ASMS, threatening to withdraw essential services to the Port Kembla steelworks. The employees are covered by the terms of the Australian Steel Mill Services Pty Limited Enterprise Award, which contains a grievance settling procedure which ASMS assert was not followed on this occasion (although the AWU claimed that at no time were essential steelworks services affected by the strike).