The Australian Workers' Union, New South Wales v BlueScope Steel [2006] NSWIRComm 1091

The Australian Workers' Union, New South Wales v BlueScope Steel [2006] NSWIRComm 1091

The Commission rejected the Union's case, finding that Van Bergen had knowledge of the respondent's policy and failed to comply with the requisite checking procedures for points before reversing the train, which led to the incident. As such, the disciplinary measures taken by the employer were not inappropriate and intervention was declined.

Parties
Notifier: The Australian Workers' Union, New South Wales; Respondent: BlueScope Steel
Jurisdiction
Australia
Judgment Date
01 June 2006
Procedural Posture
Dispute Notification Under Industrial Relations Act 1996 S 130 / Decision Following Hearing
Outcome
Challenge to disciplinary action rejected; Commission declines to intervene; further direction for parties to confer on prior verbal warning issue.
Legal Topics
Disciplinary Action, Workplace Procedure, Employee Suspension, Industrial Dispute
Industrial Relations Disciplinary Action Workplace Procedure Employee Suspension Industrial Dispute

Case Brief

Summary, issues, holding and outcome

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Parties

The Australian Workers' Union, New South Wales

Notifier

BlueScope Steel

Respondent

Procedural Posture

Dispute Notification Under Industrial Relations Act 1996 S 130 / Decision Following Hearing

Legal Issues

  1. 1 Whether the disciplinary action taken against Simon Van Bergen was appropriate
  2. 2 Whether Van Bergen should be held responsible for the near derailment incident
  3. 3 Whether a prior verbal warning should be expunged from Van Bergen's personal file

Ratio Decidendi

The Commission rejected the Union's case, finding that Van Bergen had knowledge of the respondent's policy and failed to comply with the requisite checking procedures for points before reversing the train, which led to the incident. As such, the disciplinary measures taken by the employer were not inappropriate and intervention was declined.

Court Disposition

Challenge to disciplinary action rejected; Commission declines to intervene; further direction for parties to confer on prior verbal warning issue.

Orders

  • Commission declines to overturn disciplinary action regarding the September 2005 incident.
  • Parties directed to confer regarding the issue of a prior verbal warning and advise the Commission of the outcome.