Industrial Relations Commission New South Wales Medium Neutral Citation: BlueScope Steel (AIS) Pty Ltd and The Australian Workers' Union, New South Wales [2011] NSWIRComm 162 Hearing dates: 28 October 2011, 4 and 18 November, 2011, 7 December 2011 Decision date: 07 December 2011 Before: Walton J, Vice-President Decision: These matters shall be listed for Report Back and Directions at 10 am Thursday 22 March 2012 Catchwords: REFERRAL AGREEMENT - Notification under s 146B of the Industrial Relations Act 1996 - Restructure of steelmaking operations at Bluescope Steel in Port Kembla - Conciliation and arbitration - Resolution of final issues regarding redundancies and staffing and other matters - Annexure B records settlements and adjudications - Listing of proceedings for Report Back and Directions Category: Principal judgment Parties: BlueScope Steel (AIS) Pty Ltd and BlueScope Steel Limited (Notifier IRC 1405 of 2011/Respondent IRC 1590 of 2011) The Australian Workers' Union, NSW (Respondent IRC 1405 of 2011/Notifier IRC 1590 of 2011) Electrical Trades Union NSW Branch (Respondent IRC 1405 of 2011) Automotive, Food, Metals, Engineering and Printing Kindred Industries Union, New South Wales Branch (Respondent IRC 1405 of 2011) Representation: Duncan Cotterill Lawyers (Notifier IRC 1405 of 2011/Respondent IRC 1590 of 2011) A Gillespie, AWU (Respondent IRC 1405 of 2011/Notifier IRC 1590 of 2011) J Thornton, ETU (Respondent IRC 1405 of 2011) B Hattenfels, AMWU (Respondent IRC 1405 of 2011) File Number(s): IRC 1405 of 2011 IRC 1590 of 2011 STATEMENT 1The Commission issued a Statement in this matter on 29 September 2011. 2Since that time, the Commission has engaged in further conciliation and arbitration processes as to a variety of matters arising from or related to the restructuring of the operations of BlueScope Steel (AIS) Pty Ltd and BlueScope Steel Limited ("the companies") and, in particular, the closure of the No 6 Blast Furnace. 3The matters considered ranged from the implementation of the restructuring in terms of staffing numbers or distributions in the workplace to issues concerning the retention of shift and other payments after rostering and other changes in operational arrangements. Those settlements and the outcome of adjudications are recorded in the transcript of the proceedings and partially in Annexure A to my previous Statement. I do not repeat them here. 4I received a further report from the parties today. 5In terms of the overall restructuring, I should record my congratulations to the parties on ultimately effecting the restructure within a very short timeframe and without industrial disruption. This is not to depreciate the hardships caused by the withdrawal of the company from the export market but to recognise the significant effort and mature judgment exercised by the parties in managing the difficulties arising from the changes to the operations. 6Mr K Brotherson, solicitor, who appeared for the companies, produced today an amended form of Annexure A so as to update agreements reached or adjudications made during further proceedings before the Commission. That update has been marked in the proceedings as Exhibit 28 and shall be Annexure B to this Statement. The Annexure represents an overall record of settlements and adjudications in the proceedings when read in the light of various rulings recorded in the transcript of the proceedings. 7There now remains nine surplus employees, about whom the parties are engaged in ongoing discussions. I am content to leave the parties resolve these remaining issues through their private consultations, but there shall be liberty to apply in the event of any difficulties in this respect. 8Having determined the 'Gate 2' matters will take a different track, there only remains to put in place arrangements for the receipt of a report upon the trial directed by the Commission. Arrangements to deal with any issues identified during the trial or any application made in consequence of the trial shall be considered at the Report Back. 9These matters shall be listed for Report Back and Directions at 10 am Thursday 22 March 2012 in Wollongong. Annexure B DISCLAIMER - Every effort has been made to comply with suppression orders or statutory provisions prohibiting publication that may apply to this judgment or decision. The onus remains on any person using material in the judgment or decision to ensure that the intended use of that material does not breach any such order or provision. Further enquiries may be directed to the Registry of the Court or Tribunal in which it was generated. Decision last updated: 08 December 2011