Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union and Australian Workers Union v BlueScope Steel (AIS) Pty Limited [2011] NSWIRComm 1006

Industrial Relations Commission New South Wales Medium Neutral Citation: Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union and Australian Workers Union v BlueScope Steel (AIS) Pty Limited [2011] NSWIRComm 1006 Hearing dates: 28 February, 2011; 2 March 2011 Decision date: 24 March 2011 Jurisdiction: Industrial Relations Commission Before: Connor C Decision: Mr Frank Drakos, a metal tradesman, and Mr Len Bendall, an operator, employed by by BlueScope Steel (AIS) Pty Limited at its coil processing plant, breached established safety procedure when they entered an area without proper isolation procedure being adopted. Disciplinary action taken against both employees in the form of a four shift unpaid suspension was appropriate. The formal final warning which Mr Drakos received was also appropriate but Mr Bendall's final warning should be converted to a first warning only. Catchwords: SUSPENSION - steelworks - referral of an industrial dispute for arbitration - safety issue - isolation procedure - final warning and suspension given - grounds for only limited intervention by the Commission warranted Legislation Cited: Industrial Relations Act 1996 Occupational Health and Safety Act 2000 Federal Fair Work Australia Act 2009 Federal Workplace Relations Amendment (Work Choices) Act 2005 Cases Cited: Abbott and Markham v BlueScope Steel (AIS) Pty Limited [2007] NSWIRComm 1087 Homebush Abattoir Case (1966) AR 371 Jovanovski v BlueScope Steel (AIS) Pty Limited [2007] NSWIRComm 1019 Laws v London Chronicle (Indicator Newspapers) Limited (1959) 2 All ER 285 Metropolitan Meat Industry Board v Australasian Meat Industry Employee's Union (1973) AR 231 New South Wales v Commonwealth of Australia (2006) 156 IR 1 Pacific Power v Crump (1993) 48 IR 296 Category: Principal judgment Parties: Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union (first applicant)