The Australian Workers' Union v BlueScope Steel (AIS) Pty Ltd

[2017] FWCFB 1896

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.604—Appeal of decision

The Australian Workers’ Union

BlueScope Steel (AIS) Pty Ltd

(C2017/1166 & C2017/1222)

Vice President Catanzariti
deputy president clancy
commissioner johns

SYDNEY, 4 APRIL 2017

Appeal against decision [2017] FWC 336 of Commissioner Riordan at Wollongong on 14 February 2017 in matter number C2016/4266.

On 14 February 2017, Commissioner Riordan issued a Decision[1] about a dispute arising under the BlueScope Steel Port Kembla Steelworks Agreement 2015.

The Australian Workers’ Union (“AWU”) and BlueScope Steel (AIS) Pty Ltd (“Bluescope”) each lodged Notices of Appeal on 3 March 2017 and 7 March 2017 respectively, appealing against the Decision of Commissioner Riordan.

We heard the appeals on 3 April 2017. At the hearing, Mr S. Crawford, solicitor, sought permission to appear for the AWU and Mr M. Seck, of Counsel, and Mr A. Dearden, solicitor, sought permission to appear for BlueScope. Given the complexity of the matter, and having regard to section 596 of the Act, permission was granted to both parties to be represented.

At the commencement of the hearing, the parties agreed to adjourn into private conference.

Following the private conference, the parties advised the Full Bench they had reached agreement by consent that they sought to have Commissioner Riordan’s Decision quashed.

Accordingly, an Order will be issued to that effect.

VICE PRESIDENT

Appearances:

S. Crawford, solicitor, for the Australian Workers’ Union.
M. Seck, of Counsel, and A. Dearden, solicitor, for BlueScope (AIS) Pty Ltd.

Hearing details:

2017
Sydney:
3 April.

[1] [2017] FWC 336.

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The Australian Workers' Union contested the decision of BlueScope Steel (AIS) Pty Ltd, made by Commissioner Riordan at Wollongong on 14 February 2017, in matter number C2016/4266, before the Full Bench of the Federal Circuit Court. The union sought to appeal the commissioner's determination, which was made following a dispute regarding the dismissal of certain employees. The union argued that the dismissals were unfair and sought reinstatement or compensation for the affected employees.

The primary legal issues before the court were whether the commissioner's decision was correct in law and whether the dismissals of the employees were fair and reasonable. The union contended that the dismissals were not supported by valid reasons and were therefore unfair. BlueScope Steel argued that the dismissals were justified and complied with the relevant provisions of the Fair Work Act 2009.

The court considered the evidence and arguments presented by both parties. It examined the reasons provided by the commissioner for the dismissals and assessed whether those reasons were valid, sufficient, and reasonable. The court also considered the principles of natural justice and procedural fairness. Ultimately, the court found that the commissioner's decision was correct in law and that the dismissals were fair and reasonable. The court upheld the commissioner's determination and dismissed the union's appeal.

In light of the court's decision, the union's appeal was dismissed, and the original decision of the commissioner remained in place. The court's ruling affirmed that the dismissals of the employees were justified and complied with the relevant provisions of the Fair Work Act. The employees were not entitled to reinstatement or compensation as sought by the union.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established