Blue Circle Southern Cement Limited v. Australian Workers Union [2008] NSWIRComm 1076

Blue Circle Southern Cement Limited v. Australian Workers Union [2008] NSWIRComm 1076

The contracts of employment for production staff had to be read with the roles based structure and Clause 10(1) of the Blue Circle Award, both of which emphasised flexible work within employees' skill, competence and training. Rail loading was comparable to, and in some respects simpler than, rail unloading already performed by production staff; any required training was ancillary and contemplated by the Award. There was no evidence that the work could not be performed fairly, reasonably or safely, and the AWU bore the onus of establishing that the work was excessive, unfair, unreasonable or unsafe. Accordingly, BCSC's direction that production staff load rail wagons was within the range...

Jurisdiction
Australia
Judgment Date
02 October 2008
Procedural Posture
Notification of an Industrial Dispute Under S.130 of the Industrial Relations Act, 1996 and Referral of an Industrial Dispute Under S.146 a of the Industrial Relations Act, 1996 / Decision After Attempted Conciliation and Arbitration
Outcome
Application granted; the Commission concluded that production staff are obliged to perform the work of loading rail wagons.
Legal Topics
['industrial Dispute' 'reasonable and Lawful Directions' 'employee Duties' 'declaratory Relief' 'work Allocation' 'workplace Consultation']
['industrial Relations' 'employment Law'] ['industrial Dispute' 'reasonable and Lawful Directions' 'employee Duties' 'declaratory Relief' 'work Allocation' 'workplace Consultation']

Case Brief

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Procedural Posture

Notification of an Industrial Dispute Under S.130 of the Industrial Relations Act, 1996 and Referral of an Industrial Dispute Under S.146 a of the Industrial Relations Act, 1996 / Decision After Attempted Conciliation and Arbitration

Legal Issues

  1. 1 ['Whether production shift employees at the Maldon site were obliged to perform the work of loading rail wagons for the Cobar contract.' 'Whether loading cement blend into rail wagons fell within the skills, competence and training of employees classified and paid at Level 9 and above under the Blue Circle Award.' "Whether BCSC's instruction to production shift employees to perform rail loading work was fair, safe, reasonable and lawful." 'Whether the Commission had jurisdiction to determine the dispute by arbitration under the S.146A referral agreement.']

Ratio Decidendi

The contracts of employment for production staff had to be read with the roles based structure and Clause 10(1) of the Blue Circle Award, both of which emphasised flexible work within employees' skill, competence and training. Rail loading was comparable to, and in some respects simpler than, rail unloading already performed by production staff; any required training was ancillary and contemplated by the Award. There was no evidence that the work could not be performed fairly, reasonably or safely, and the AWU bore the onus of establishing that the work was excessive, unfair, unreasonable or unsafe. Accordingly, BCSC's direction that production staff load rail wagons was within the range...

Court Disposition

Application granted; the Commission concluded that production staff are obliged to perform the work of loading rail wagons.

Orders

  • ['The production staff are obliged to perform the work of loading the rail wagons.']