BlueScope Steel (AIS) Pty Ltd v AWU [2006] NSWIRComm 248

BlueScope Steel (AIS) Pty Ltd v AWU [2006] NSWIRComm 248

The Commission held that the proposed changes were matters of management prerogative and that the Union had not established that introducing senior operator positions, deleting existing leading hand positions, or reducing allocated paid breaks by removing the paid shower break would impose an unjust or unreasonable burden on employees or render the working environment inherently unsafe. The risk that the changes might not achieve projected productivity gains was a risk for the Company, not a basis for Commission intervention. Because no such unjust or unreasonable consequence was demonstrated, the status quo restriction should be removed and implementation of the changes should no longer...

Jurisdiction
Australia
Judgment Date
04 August 2006
Procedural Posture
Industrial Dispute Notification Under Section 130 of the Industrial Relations Act 1996 Concerning Introduction of Change in Plate Mill Despatch and Processing Departments / Arbitration Under Section 146 a Referral Agreements After Unsuccessful Conciliation
Outcome
Status quo restriction removed; implementation of the proposed changes no longer impeded; proceedings concluded.
Legal Topics
['introduction of Workplace Change' 'management Prerogative' 'manning and Classification Changes' 'paid Breaks' 'status Quo Restriction' 'workplace Productivity and Efficiency' 'unjust or Unreasonable Burden on Employees' 'work Health and Safety Concerns']
['industrial Relations' 'employment Law'] ['introduction of Workplace Change' 'management Prerogative' 'manning and Classification Changes' 'paid Breaks' 'status Quo Restriction' 'workplace Productivity and Efficiency' 'unjust or Unreasonable Burden on Employees' 'work Health and Safety Concerns']

Case Brief

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Procedural Posture

Industrial Dispute Notification Under Section 130 of the Industrial Relations Act 1996 Concerning Introduction of Change in Plate Mill Despatch and Processing Departments / Arbitration Under Section 146 a Referral Agreements After Unsuccessful Conciliation

Legal Issues

  1. 1 ['Whether BlueScope Steel (AIS) Pty Ltd should be permitted to implement the introduction of senior operator positions and deletion of existing leading hand operator positions in the Plate Mill despatch and processing departments.' 'Whether the proposed reduction in allocated paid breaks per shift from 90 minutes to 60 minutes, by removing a paid 30 minute shower break, would impose unjust or unreasonable demands on employees or make the work environment inherently unsafe.' 'Whether the status quo restriction invoked by the Union should be removed.']

Ratio Decidendi

The Commission held that the proposed changes were matters of management prerogative and that the Union had not established that introducing senior operator positions, deleting existing leading hand positions, or reducing allocated paid breaks by removing the paid shower break would impose an unjust or unreasonable burden on employees or render the working environment inherently unsafe. The risk that the changes might not achieve projected productivity gains was a risk for the Company, not a basis for Commission intervention. Because no such unjust or unreasonable consequence was demonstrated, the status quo restriction should be removed and implementation of the changes should no longer...

Court Disposition

Status quo restriction removed; implementation of the proposed changes no longer impeded; proceedings concluded.

Orders

  • ['The status quo restriction on the implementation of the proposed introduction of senior operator positions, including the deletion of existing leading hand positions, is removed forthwith.' 'The status quo restriction on the proposed reduction in allocated paid breaks per shift is removed forthwith.' 'Employees of...