Australian Workers' Union v. BlueScope Steel (AIS) Pty Limited [2005] NSWIRComm 1151

Australian Workers' Union v. BlueScope Steel (AIS) Pty Limited [2005] NSWIRComm 1151

Employees were required by the terms of their Award to participate in career transition, training, job search and outplacement programmes; their refusal to do so amounted to non-performance of required duties, disentitling them to wages during the period of refusal.

Parties
Applicant: Australian Workers' Union; Respondent: BlueScope Steel Limited
Jurisdiction
Australia
Judgment Date
30 September 2005
Procedural Posture
Industrial Dispute / Arbitration Decision Following Failed Conciliation
Outcome
Claim dismissed
Legal Topics
Redundancy, Training Obligations, Employee Refusal, Wage Entitlement
Industrial Relations Redundancy Training Obligations Employee Refusal Wage Entitlement

Case Brief

Summary, issues, holding and outcome

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Parties

Australian Workers' Union

Applicant

BlueScope Steel Limited

Respondent

Procedural Posture

Industrial Dispute / Arbitration Decision Following Failed Conciliation

Legal Issues

  1. 1 Whether surplus employees are entitled to wages when stood down for refusing to participate in employer-sponsored training tests

Ratio Decidendi

Employees were required by the terms of their Award to participate in career transition, training, job search and outplacement programmes; their refusal to do so amounted to non-performance of required duties, disentitling them to wages during the period of refusal.

Court Disposition

Claim dismissed

Orders

  • AWU claim for payment of wages during refusal to participate in tests is dismissed.