Inquiry into the Boeing Dispute at Williamtown, Re [2006] NSWIRComm 52

Inquiry into the Boeing Dispute at Williamtown, Re [2006] NSWIRComm 52

Neither the Metal, Engineering and Associated Industries Award 1998 nor the Aircraft Engineers (General Aviation) Award 1999 applied to Boeing Australia Ltd at Williamtown. Consequently, no inconsistent federal award precluded the exercise of the NSW Commission's conciliation and arbitration jurisdiction. The available remedies under the Workplace Relations Act 1996 (Cth) were inadequate to resolve the dispute promptly, effectively, or fairly, as the bargaining system failed to address power imbalances and public interest. Remedies under the Industrial Relations Act 1996 (NSW), especially arbitration, would be adequate and would likely resolve the dispute. Use of inexperienced replacement...

Jurisdiction
Australia
Judgment Date
17 February 2006
Procedural Posture
Ministerial Reference (inquiry/report) / Report Following Inquiry—full Bench Report to Minister
Outcome
Report to Minister—recommendations made; no final adjudication of rights or award; recommendations for further action.
Legal Topics
['industrial Dispute' 'collective Bargaining' 'individual Contracts' 'remedies Under Industrial Relations Act 1996' 'remedies Under Workplace Relations Act 1996' 'occupational Health and Safety' 'union Representation' 'arbitration and Conciliation']
['industrial Law' 'employment Law' 'labour Law' 'administrative Law'] ['industrial Dispute' 'collective Bargaining' 'individual Contracts' 'remedies Under Industrial Relations Act 1996' 'remedies Under Workplace Relations Act 1996' 'occupational Health and Safety' 'union Representation' 'arbitration and Conciliation']

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Procedural Posture

Ministerial Reference (inquiry/report) / Report Following Inquiry—full Bench Report to Minister

Legal Issues

  1. 1 ["Whether the terms and conditions of employment of Boeing's Williamtown aircraft maintenance employees should be governed by a collective agreement or by individual common law contracts" 'What are the substantive issues in the terms and conditions of employment giving rise to industrial dispute' 'Whether the legal remedies available under the Workplace Relations Act 1996 or Industrial Relations Act 1996 are adequate to resolve the dispute' 'Whether the use of inexperienced replacement labour has endangered or is likely to endanger health and safety of workers/community' 'Actions the Commission can take to assist or resolve the dispute']

Ratio Decidendi

Neither the Metal, Engineering and Associated Industries Award 1998 nor the Aircraft Engineers (General Aviation) Award 1999 applied to Boeing Australia Ltd at Williamtown. Consequently, no inconsistent federal award precluded the exercise of the NSW Commission's conciliation and arbitration jurisdiction. The available remedies under the Workplace Relations Act 1996 (Cth) were inadequate to resolve the dispute promptly, effectively, or fairly, as the bargaining system failed to address power imbalances and public interest. Remedies under the Industrial Relations Act 1996 (NSW), especially arbitration, would be adequate and would likely resolve the dispute. Use of inexperienced replacement...

Court Disposition

Report to Minister—recommendations made; no final adjudication of rights or award; recommendations for further action.

Orders

  • ['Recommend WorkCover Authority undertake full investigation of whether the use of inexperienced personnel during strike breached Occupational Health and Safety Act provisions (s 8 or others).' 'Recommend Minister seriously and urgently consider initiating proceedings under s 167(1) of the Industrial Relations Act...