BHP Steel (AIS) Pty Ltd - Maintenance Restructuring Award and other matters [2001] NSWIRComm 245

BHP Steel (AIS) Pty Ltd - Maintenance Restructuring Award and other matters [2001] NSWIRComm 245

The Commission granted the application for a consent award because the proposed award resulted from extensive Commission-supervised conciliation and arbitration processes, had been accepted by the affected union memberships after final conciliation, regulated the implementation of Alliance Partnerships and affected employee entitlements, and represented a careful balancing of the company's interests and the interests of affected employees. Because the new award resolved the industrial disputes, the earlier orders were spent and were rescinded.

Jurisdiction
Australia
Judgment Date
24 September 2001
Procedural Posture
Application for a New Consent Enterprise Award and Notifications of Industrial Disputes Under S130 of the Industrial Relations Act 1996 / Final Decision After Conciliation; Award Made and Prior Orders Rescinded
Outcome
Application granted; new award made; previous orders rescinded; industrial dispute proceedings concluded on the basis of settlement reflected in the award.
Legal Topics
['contracting Out of Maintenance Staff' 'maintenance Restructuring' 'consent Enterprise Award' 'industrial Dispute Conciliation and Arbitration' 'alliance Partnerships' 'suppression Orders' 'voluntary Redundancy']
['industrial Relations' 'employment Law'] ['contracting Out of Maintenance Staff' 'maintenance Restructuring' 'consent Enterprise Award' 'industrial Dispute Conciliation and Arbitration' 'alliance Partnerships' 'suppression Orders' 'voluntary Redundancy']

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Procedural Posture

Application for a New Consent Enterprise Award and Notifications of Industrial Disputes Under S130 of the Industrial Relations Act 1996 / Final Decision After Conciliation; Award Made and Prior Orders Rescinded

Legal Issues

  1. 1 ['Whether the Commission should make a new consent enterprise award reflecting the settlement reached between BHP Steel (AIS) Pty Ltd and the unions concerning maintenance restructuring at the Port Kembla Steelworks.' 'Whether the orders made on 6 April 2001, as extended and amended, should be rescinded following settlement.' 'Whether the industrial dispute proceedings in IRC5840 of 2000 and IRC1598 of 2001 should be concluded on the basis of the award.']

Ratio Decidendi

The Commission granted the application for a consent award because the proposed award resulted from extensive Commission-supervised conciliation and arbitration processes, had been accepted by the affected union memberships after final conciliation, regulated the implementation of Alliance Partnerships and affected employee entitlements, and represented a careful balancing of the company's interests and the interests of affected employees. Because the new award resolved the industrial disputes, the earlier orders were spent and were rescinded.

Court Disposition

Application granted; new award made; previous orders rescinded; industrial dispute proceedings concluded on the basis of settlement reflected in the award.

Orders

  • ['The Commission makes a new award in terms of the application filed on 21 September 2001, as amended.' 'The Commission rescinds the orders made on 6 April 2001 (as extended and amended by orders made on 17 July and 5 September 2001).' 'By consent of the parties, the Commission orders that the terms of this award...