Australian Workers' Union New South Wales and BlueScope Steel [2011] NSWIRComm 1038

Industrial Relations Commission New South Wales Medium Neutral Citation: Australian Workers' Union New South Wales and BlueScope Steel [2011] NSWIRComm 1038 Hearing dates: 18, 19 and 23 May 2011 Decision date: 20 July 2011 Jurisdiction: Industrial Relations Commission Before: Bishop C Decision: Application dismissed Catchwords: INDUSTRIAL DISPUTE: disciplinary matter -safety issue - two day unpaid suspension and warning letter imposed on employee who failed to properly follow and complete an - learner/operator observing - employee claimed mistake made - issues raised as to adequacy of training etc. lengthy unblemished service - lifting of suspension sought. HELD: employee careless - no excuse for failure to carry out task adequately - mistake entirely avoidable - appropriate expectations based on length of service and experience of employee - if inadequate training alternative action available under company policy - poor example for learner operator - penalty appropriate in circumstances - application dismissed. Legislation Cited: Industrial Relations Act 1996 Cases Cited: Australian Workers' Union v BlueScope Steel (AIS) Limited [2000] NSWIRComm 1071 Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union and Australian Workers' Union v BlueScope Steel (AIS) Pty Limited [2011]NSWIRComm 1006 Briginshaw v Briginshaw (1938) 60 CLR 336 Brown v BlueScope Steel (AIS) Pty Limited [2005] NSWIRComm 1021 Inspector Ian Lancaster v BHP Steel (AIS) Pty Ltd [2001] NSWIRComm 261 Inspector Ross Wolf v BHP Steel (AIS) Pty Ltd [1999] NSWCIMC 89 Jankoski v BHP Port Kembla (1996) 71 IR 313 Jovanovski v BlueScope Steel (AIS) Pty Limited [2007] NSWIRComm 1019 Juleff v Linfox IRC 4293/2004 (17 June 2005) Category: Principal judgment Parties: The Australian Workers' Union, New South Wales (Applicant) BlueScope Steel (Respondent) Representation: Duncan Cotterill Lawyers (Respondent) Mr B Baraldi Australian Workers Union (Applicant) Mr A Deardon,(Respondent) File Number(s): IRC 1429 of 2010