BlueScope Steel Limited v Australian Workers' Union

BlueScope Steel Limited, the employer, filed an action against the Australian Workers' Union (AWU), an employee organisation, alleging various breaches of the Fair Work Act 2009 (Cth). The central dispute was whether the AWU organised a 24-hour strike at BlueScope's Springhill Works in contravention of section 417 of the Act. The Federal Court of Australia was tasked with resolving this contention, alongside other issues such as the AWU's potential accessorial liability for employees' contravention of the Act, and whether the AWU had contravened section 475 of the Act by requesting BlueScope make payments in breach of section 474.

The key legal issues revolved around the interpretation and application of sections 417, 474, 475, and 550 of the Fair Work Act. Specifically, the court needed to determine if the AWU organised the strike in contravention of section 417, whether the AWU was knowingly concerned in the employees' contravention of the Act, and if the AWU contravened section 475 by asking BlueScope to make payments in contravention of section 474. The AWU denied all allegations.

The court meticulously examined the evidence, concluding that while the AWU had contravened section 417 by organising the meeting, it did not extend to organising the strike. The AWU officials, Messrs Phillips and Gorgievski, had actually tried to dissuade employees from striking, contrary to BlueScope's allegations. The evidence did not support BlueScope's claim that the AWU was knowingly concerned in the employees' contravention of section 417. Similarly, the court found that the AWU did not contravene section 475 by requesting payments from BlueScope in breach of section 474, as the motive was irrelevant under the clear terms of the legislation.

The court dismissed all of BlueScope's claims against the AWU, noting that BlueScope had not discharged its onus of proof on the balance of probabilities. The matter was directed to proceed with the parties providing proposed consent orders within 14 days or, failing agreement, a case management hearing was set for 7 November 2018.