BlueScope Steel Limited v. Australian Workers Union, Electrical Trades Union and Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union [2008] NSWIRComm 1039

BlueScope Steel Limited v. Australian Workers Union, Electrical Trades Union and Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union [2008] NSWIRComm 1039

The Commission was satisfied on the evidence that BlueScope Steel's CPCM restructuring proposal could be implemented safely, was not shown to be illegal, did not require CPCM operators to perform work outside the scope of their employment, and did not place unreasonable or unfair demands on employees. Questions of efficiency were primarily for BlueScope Steel management, and individual employee impacts could be addressed separately. The unions did not establish grounds to preserve the status quo, so the status quo was revoked and BlueScope Steel was permitted to proceed toward implementation.

Jurisdiction
Australia
Judgment Date
12 June 2008
Procedural Posture
Notification of 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 Concerning Proposed Restructuring of Maintenance Operations for the Coupled Pickled Cold Mill / Arbitration After Conciliation Failed and a Certificate of Attempted Conciliation Was Issued
Outcome
Status quo revoked; BlueScope Steel's restructuring proposal approved for implementation discussions.
Legal Topics
['industrial Dispute' 'manning Levels' 'restructuring of Maintenance Operations' 'dispute Settling Procedure' 'status Quo Pending Dispute Resolution' 'workplace Safety' 'fairness of Proposed Change' 'efficiency of Operations']
['industrial Relations' 'employment Law' 'occupational Health and Safety'] ['industrial Dispute' 'manning Levels' 'restructuring of Maintenance Operations' 'dispute Settling Procedure' 'status Quo Pending Dispute Resolution' 'workplace Safety' 'fairness of Proposed Change' 'efficiency of Operations']

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Procedural Posture

Notification of 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 Concerning Proposed Restructuring of Maintenance Operations for the Coupled Pickled Cold Mill / Arbitration After Conciliation Failed and a Certificate of Attempted Conciliation Was Issued

Legal Issues

  1. 1 ["Whether BlueScope Steel's proposed restructuring of CPCM maintenance operations should be permitted and the status quo revoked" 'Whether the proposed changes were safe, efficient, legal and fair within Clause 36.4.1(c) of the BlueScope Steel Award' 'Whether CPCM production operators would be required to perform work outside the scope of their employment or without appropriate training or accreditation' 'Whether the removal or reduction of shift trades personnel and trades assistants would create occupational health and safety risks' 'Whether any unfairness to employees from retrenchment, transfer from shift work to day work, loss of earnings or changed duties justified maintaining the status quo']

Ratio Decidendi

The Commission was satisfied on the evidence that BlueScope Steel's CPCM restructuring proposal could be implemented safely, was not shown to be illegal, did not require CPCM operators to perform work outside the scope of their employment, and did not place unreasonable or unfair demands on employees. Questions of efficiency were primarily for BlueScope Steel management, and individual employee impacts could be addressed separately. The unions did not establish grounds to preserve the status quo, so the status quo was revoked and BlueScope Steel was permitted to proceed toward implementation.

Court Disposition

Status quo revoked; BlueScope Steel's restructuring proposal approved for implementation discussions.

Orders

  • ['The status quo which had been in place was revoked.' 'BlueScope Steel, the AWU, the ETU and the AFMEPKIU should hold further discussions with a view to implementation of the proposal at the earliest possible opportunity.']