BHP Steel (AIS) v Australian Workers' Union, NSW [2002] NSWIRComm 302

BHP Steel (AIS) v Australian Workers' Union, NSW [2002] NSWIRComm 302

The Commission found that the agreed changes since the 1995 restructure (for Level 3: draining blast furnace troughs, condition monitoring, reading drawings; for Level 4: management of trough covers, producing reports to customers, sign off process 'unit fit for use') constituted significant net additions under work value principles, justifying increases of one level in classification for each of Levels 3 and 4. Additional Cast House Floor classifications were justified due to the specialised, additional skills and responsibilities. The further changes asserted by the AWU were rejected as either encompassed within the 1995 restructure or representing minor, evolutionary developments....

Jurisdiction
Australia
Judgment Date
05 December 2002
Procedural Posture
Industrial Dispute/award Variation / Decision After Arbitration
Outcome
Award varied in accordance with amended application; increased pay and new classifications for Refractory Installer Level 3, Level 3 – Cast House Floor, Level 4, and Level 4 – Cast House Floor ordered; variations to operate retrospectively from 29 May 2002.
Legal Topics
['work Value' 'award Variation' 'rates of Pay' 'classification' 'retrospectivity']
['industrial Law'] ['work Value' 'award Variation' 'rates of Pay' 'classification' 'retrospectivity']

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 1 Authorities cited 2 Party arguments 2 Amounts and remedies 1
Sign in to unlock

Procedural Posture

Industrial Dispute/award Variation / Decision After Arbitration

Legal Issues

  1. 1 ['Whether there have been significant net additions to work requirements for Refractory Installation Assistants (Levels 3 and 4) at BHP Steel (AIS) sufficient to justify variations to award classifications and rates of pay under work value principles.' 'Whether the creation of new Cast House Floor classifications (with higher rates of pay) is justified under the work value principle.' 'Whether wage increases should operate retrospectively.']

Ratio Decidendi

The Commission found that the agreed changes since the 1995 restructure (for Level 3: draining blast furnace troughs, condition monitoring, reading drawings; for Level 4: management of trough covers, producing reports to customers, sign off process 'unit fit for use') constituted significant net additions under work value principles, justifying increases of one level in classification for each of Levels 3 and 4. Additional Cast House Floor classifications were justified due to the specialised, additional skills and responsibilities. The further changes asserted by the AWU were rejected as either encompassed within the 1995 restructure or representing minor, evolutionary developments....

Court Disposition

Award varied in accordance with amended application; increased pay and new classifications for Refractory Installer Level 3, Level 3 – Cast House Floor, Level 4, and Level 4 – Cast House Floor ordered; variations to operate retrospectively from 29 May 2002.

Orders

  • ['The BHP Steel (AIS) Pty Ltd - Port Kembla Steelworks Employees Award 2000 (323 IG 245), as varied, is further varied to increase pay rates and introduce new classifications for Refractory Installer Level 3 and 4 (including Cast House Floor), from 29 May 2002.' 'Award classification of Refractory Installation...