BlueScope Steel Limited v The Australian Workers' Union

[2016] FWC 3453

[2016] FWC 3453

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.418 - Application for an order that industrial action by employees or employers stop etc.

BlueScope Steel Limited
v
The Australian Workers' Union; and
The Australian Manufacturing Workers' Union
(C2016/3870)

VICE PRESIDENT HATCHER SYDNEY, 31 MAY 2016

Order to stop industrial action.

[1] This decision reproduces in edited form the decision and reasons which were stated on transcript at the conclusion of the hearing conducted in relation to this matter on 26 May 2016.

[2] BlueScope Steel Limited (BlueScope) has applied for orders under s.418(1) of the Fair Work Act 2009 (FW Act) in respect of alleged industrial action by persons employed at its Springhill Plant who are members or are eligible to be members of the Australian Workers’ Union (AWU) or the Australian Manufacturing Workers’ Union (AMWU).

[3] The employees are covered by the BlueScope Steel Springhill Workplace Agreement 2015, the nominal expiry date of which is 23 July 2018, so that any industrial action taken by the employees at the current time would not be protected. 1

[4] In support of the application, BlueScope called evidence from Mr Ray Peters, the manager of the Springhill Plant. No issue was taken in relation to the veracity or accuracy of Mr Peters’ evidence, which I accept, although there was dispute about what inferences could properly be drawn from that evidence. In addition, Mr Wayne Phillips, the Secretary of the Port Kembla, South Coast and Southern Highlands Branch of the AWU, made certain factual admissions which I have taken into account.

[5] On the basis of Mr Peters’ evidence and Mr Phillips’ admissions, I make the following findings:-

(1) Strike action is currently being engaged in by operators and trades assistants at the Springhill Plant who are members or are eligible to be members of the AWU. Such industrial action has been occurring since a stop-work meeting earlier this morning.

(2) Industrial action is impending in the form of strike action by night shift operators and trades assistants at the Springhill Plant due to commence work at 6.30pm this evening.

(3) Further strike action is threatened in the form of a meeting which may extend into working hours tomorrow morning, 27 May 2016, and which may continue that day and into the following day.

(4) The industrial action is being organised by officials of the Port Kembla, South Coast and Southern Highlands Branch of the AWU.

[6] On the basis of those findings, I am required by s.418(1) to issue an order requiring the identified industrial action to stop, not occur, and not be organised. I publish the order 2 which I will make in that respect, and the parties can obtain a copy of that order from my Associate when we adjourn.

[7] I am not currently satisfied that mechanical tradespersons at the Springhill Plant are engaging in industrial action or that industrial action by them is threatened, impending or probable. Nor am I currently satisfied that the AMWU is organising any such industrial action. Accordingly, there is no basis to make an order under s.418(1) in relation to those employees or the AMWU. However in respect of that group of employees, I grant BlueScope liberty to apply at short notice should there be any change in the relevant circumstances.

VICE PRESIDENT

Appearances:

S.R. Meehan of counsel with A. Dearden solicitor for BlueScope Steel Limited.

W. Phillips and F. Georgievski for the Australian Workers’ Union.

L. Saunders and B. Hattenfels for the Australian Manufacturing Workers’ Union.

Hearing details:

2016.

Sydney:

26 May.

<Price code A, PR580912>

 1   This paragraph was not included in the decision delivered orally on 26 May 2016 because the matters referred to were not in dispute. It has been added for clarity.

 2   PR580850

Printed by authority of the Commonwealth Government Printer