Zivko Likoski v. BlueScope Steel (AIS) Pty Limited [2011] NSWIRComm 1016

Industrial Relations Commission New South Wales Medium Neutral Citation: Zivko Likoski v. BlueScope Steel (AIS) Pty Limited [2011] NSWIRComm 1016 Hearing dates: 11 April, 2011 Decision date: 29 April 2011 Jurisdiction: Industrial Relations Commission Before: Connor C Decision: Application for reinstatement of a dismissed employee considered. The employee dismissed for a serious breach of established safety requirements. Jurisdiction for the referral of the matter discussed. No justification for intervention in the decision of the employer to terminate the employment of the employee Catchwords: DISMISSAL - steelworks - referral of an industrial dispute for arbitration - jurisdiction to deal with the matter by conciliation and/or arbitration - acknowledged breach of workplace safety - no grounds for intervention in support of the dismissed employee - application for reinstatement dismissed Legislation Cited: Industrial Relations Act 1996 Occupational Health and Safety Act 2000 Federal Fair Work Act 2009 Federal Workplace Relations Amendment (Work Choices) Act 2005 Cases Cited: Abbott and Markham v BlueScope Steel (AIS) Pty Limited [2007] NSWIRComm 1087 Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union and Australian Workers Union v BlueScope Steel (AIS) Pty Limited [2011] NSWIRComm 1006 Coelho v. BlueScope Steel Limited - unreported Jovanovski v BlueScope Steel (AIS) Pty Limited [2007] NSWIRComm 1019 Metropolitan Meat Industry Board v Australasian Meat Industry Employee' Union (1973) AR 231 Pacific Power v Crump (1993) 48 IR 296 Parker v Capitol Painters and Decorators Pty Limited (1996) 68 IR 100 Roberts v Mona Vale District Hospital (1975) 2 NSWLR 132 State of New South Wales v Commonwealth of Australia (2006) 156 IR 1 Vehicle Builders Employees Federation of Australia v Toyota Manufacturing Australia Limited (1987) 24 IR 784 Woolstar Pty Limited v Federated Storemen and Packers Union of Australia (1992) 45 IR 39 Zdraveski v BlueScope Steel Liimited [2008] NSWIRComm 1028 Category: Principal judgment Parties: Zivko Likoski (Applicant)