BlueScope Steel (AIS) Pty Ltd and the Australian Workers' Union, New South Wales [2011] NSWIRComm 134

BlueScope Steel (AIS) Pty Ltd and the Australian Workers' Union, New South Wales [2011] NSWIRComm 134

Given the referral agreements, the extensive conciliation and limited arbitration undertaken, the urgent circumstances of the No 6 Blast Furnace closure and the parties' agreed position on most matters, the Commission recommended acceptance of all agreed matters in Annexure A, treated the arrangements as subject to...

Source-derived case information.

Jurisdiction
Australia
Judgment Date
29 September 2011
Procedural Posture
Referral Agreement Concerning Redundancy and Restructuring Dispute / Principal Judgment Following Conciliation and Arbitration
Outcome
Agreed matters in Annexure A recommended for acceptance; remaining matters treated as arbitrated outcomes; restrictions on communications at the workplaces lifted.
Legal Topics
['redundancy' 'workplace Restructuring' 'notification Under S 146 B of the Industrial Relations Act 1996' 'conciliation and Arbitration' 'severance Payments' 'voluntary Redundancy' 'forced Redundancy']
['industrial Relations' 'employment Law'] ['redundancy' 'workplace Restructuring' 'notification Under S 146 B of the Industrial Relations Act 1996' 'conciliation and Arbitration' 'severance Payments' 'voluntary Redundancy' 'forced Redundancy']

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Procedural Posture

Referral Agreement Concerning Redundancy and Restructuring Dispute / Principal Judgment Following Conciliation and Arbitration

Legal Issues

  1. 1 ["How disputes arising from the restructure of BlueScope Steel's Port Kembla steelmaking operations should be resolved under the referral agreements." 'Whether agreed matters reached through conciliation should be recommended for acceptance and remaining matters treated as arbitrated outcomes.' 'What review process should apply to the arrangements made for implementation of the restructuring.' 'Whether restrictions on communications at the workplaces should be lifted.']

Ratio Decidendi

Given the referral agreements, the extensive conciliation and limited arbitration undertaken, the urgent circumstances of the No 6 Blast Furnace closure and the parties' agreed position on most matters, the Commission recommended acceptance of all agreed matters in Annexure A, treated the arrangements as subject to a review process, and lifted workplace communication restrictions.

Court Disposition

Agreed matters in Annexure A recommended for acceptance; remaining matters treated as arbitrated outcomes; restrictions on communications at the workplaces lifted.

Orders

  • ['The trial period shall be six months, subject to the exception for Gate 2 issues.' 'At the end of the trial period the parties shall confer, and any outstanding issues shall be referred to the Commission under the existing referral arrangements.' 'Gate 2 issues shall proceed on a separate and earlier track.' 'The...