Notification under section 130 by Unions NSW of a dispute with BlueScope Steel re lack of award or agreement for BlueScope Steel Captial Projects [2006] NSWIRComm 114

Notification under section 130 by Unions NSW of a dispute with BlueScope Steel re lack of award or agreement for BlueScope Steel Captial Projects [2006] NSWIRComm 114

The Commission approved and made the project award because it was a consent application, conformed with the statutory requirements for approval of awards and the Commission's wage-fixing principles, had substantial industrial merit for regulating industrial relations on an important construction project, and there was no proper basis to delay consideration on notice grounds.

Jurisdiction
Australia
Judgment Date
23 March 2006
Procedural Posture
Notification Under Section 130 of an Industrial Dispute Concerning Lack of Award or Agreement and Application to Establish a Project Award / Ex Tempore Decision of the Commission
Outcome
Application approved; Unions NSW Port Kembla Steelworks Construction Award 2006 made.
Legal Topics
['industrial Dispute' 'project Award' 'common Rule Award' 'wage Fixing Principles' 'settlement by Award']
['industrial Relations' 'building and Construction'] ['industrial Dispute' 'project Award' 'common Rule Award' 'wage Fixing Principles' 'settlement by Award']

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

Notification Under Section 130 of an Industrial Dispute Concerning Lack of Award or Agreement and Application to Establish a Project Award / Ex Tempore Decision of the Commission

Legal Issues

  1. 1 ['Whether the application to establish a project award should be considered notwithstanding that it came before the Commission by way of a notification of dispute.' 'Whether any delay was required because interests affected by the proposed common rule award had not received proper notice.' 'Whether the proposed award should be approved having regard to consent, statutory requirements, wage-fixing principles and industrial merit.']

Ratio Decidendi

The Commission approved and made the project award because it was a consent application, conformed with the statutory requirements for approval of awards and the Commission's wage-fixing principles, had substantial industrial merit for regulating industrial relations on an important construction project, and there was no proper basis to delay consideration on notice grounds.

Court Disposition

Application approved; Unions NSW Port Kembla Steelworks Construction Award 2006 made.

Orders

  • ['The Unions NSW Port Kembla Steelworks Construction Award 2006 is made in terms of Ex 1, as amended, in the proceedings.' 'The award shall operate on and from 23 March 2006.' 'The award shall remain in force for a period of three years.' 'The award incorporates amendments adding the words and numbers of "one dollar...