ENTERPRISE AGREEMENTS – dispute about matter arising under agreement – s.739 Fair Work Act 2009 – AWU filed application to deal with a dispute in relation to introduction of Trade Operator Model (TOM) into the Slabmaking Department at Port Kembla steelworks – Steel Treatment Department (Steel Department) and Shift Maintenance Department sit within Slabmaking Department – BlueScope decided to reduce the number of Operators by 6 in Steel Department – reduction to require tradespersons from the Shift Maintenance Department and shift staff employees to undertake Grade 3 Operator tasks during periods of peak workload in Steel Treatment Department – AMWU raised threshold issue that introduction of TOM a ‘significant change’ as defined by s.35.2.2(c) of the BlueScope Steel Port Kembla Steelworks Agreement 2015 (Agreement) – as significant change, consultation provisions in clause 35.2.3 of Agreement required to be followed – not in dispute that maintenance employees and Unions had not been consulted in accordance with clause 35.2.3 – BlueScope argued introduction of TOM did not result in significant change for maintenance employees – Commission considered AWU, CEPU & AMWU v BlueScope in which BlueScope submitted that introduction of TOM a significant change in other departments and consulted with unions (Trade Operator Decision) – Commission found that requiring maintenance employees to learn and utilise new skills for at least 20% of their hours of work created a substantial change to the skills of a tradesperson working in Slabmaking Department – change to substantially alter the constitution of Slabmaking Department – disingenuous for BlueScope to make contrary submission to that made in Trade Operator Decision – found maintenance employees and unions entitled to be consulted pursuant to clause 35.2.3 of Agreement – proposal to introduce TOM into Slabmaking Department failed to satisfy threshold question raised by AMWU – found BlueScope did not comply with introduction of change processes in clause 35.2.3 of Agreement – consultation not fair, comprehensive or genuine – BlueScope required to recommence consultation in relation to proposal. The Australian Workers’ Union – New South Wales Branch and Anor v BlueScope Steel (AIS) Port Kembla
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