"Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union" known as the Australian Manufacturing Workers' Union (AMWU) v BlueScope Steel (AIS) Port Kembla

The matter before the court involved the Australian Manufacturing Workers' Union (AMWU), also known as the Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union, and BlueScope Steel (AIS) Port Kembla. The union brought an application under section 739 of the Fair Work Act, seeking to resolve an industrial dispute concerning the company's proposed changes to employee rosters. The union argued that the changes would negatively impact their members' working conditions and entitlements.

The primary legal issue for the court was whether the changes proposed by BlueScope Steel were within the company's rights under the Fair Work Act or if they constituted an unfair action that warranted intervention by the court. The union claimed that the proposed roster changes were not negotiated in good faith and did not adequately protect the employees' conditions, entitlements, and job security. BlueScope Steel argued that the changes were necessary for the efficient operation of the business and that they had fulfilled their obligations under the Act.

The court considered the principles of good faith bargaining and the requirements of the Fair Work Act. It examined the evidence presented by both parties and assessed whether BlueScope Steel had acted in accordance with the obligations imposed by the Act. The court concluded that the company had not engaged in genuine negotiations and had failed to protect the employees' entitlements. Consequently, the court found in favour of the union and issued an order requiring BlueScope Steel to negotiate the roster changes with the union in good faith and to provide appropriate protections for the employees' working conditions and entitlements. The court also ordered the company to compensate the union for the costs of the application.