Australian Workers Union v. BlueScope Steel Limited [2008] NSWIRComm 1019

Australian Workers Union v. BlueScope Steel Limited [2008] NSWIRComm 1019

The proceeding was discontinued because BlueScope Steel agreed to remove warning notices from employees' files, and as the S.357 proceedings found no contravention by either AWU or BlueScope Steel, the dispute ceased to have practical utility. Jurisdictional questions were subsumed by parties agreeing to a protocol involving S.146A referral, mooting the continuation of the present matter.

Jurisdiction
Australia
Judgment Date
26 February 2008
Procedural Posture
Industrial Dispute / Discontinuance Granted
Outcome
proceedings discontinued with leave
Legal Topics
['work Stoppage' 'warning Notices' 'jurisdiction' 'industrial Dispute' 'civil Penalties' 'discontinuance']
['industrial Law'] ['work Stoppage' 'warning Notices' 'jurisdiction' 'industrial Dispute' 'civil Penalties' 'discontinuance']

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Procedural Posture

Industrial Dispute / Discontinuance Granted

Legal Issues

  1. 1 ["Whether the warning notices placed on employees' personnel files were justified following participation in industrial action." 'Whether the Commission retained jurisdiction to arbitrate the dispute after the Work Choices amendments.' 'Whether BlueScope Steel contravened prescribed grievance settling procedures by sending Mr Beaumont home.' 'Whether AWU contravened the Award by directing a work stoppage.']

Ratio Decidendi

The proceeding was discontinued because BlueScope Steel agreed to remove warning notices from employees' files, and as the S.357 proceedings found no contravention by either AWU or BlueScope Steel, the dispute ceased to have practical utility. Jurisdictional questions were subsumed by parties agreeing to a protocol involving S.146A referral, mooting the continuation of the present matter.

Court Disposition

proceedings discontinued with leave

Orders

  • ['Leave for discontinuance of the matter is granted.' 'Warning notices concerning the industrial action are to be removed from personnel records of employees.']