A BlueScope steelworkers union could be facing fines over illegal industrial action in the wake of the 2015 steel crisis.
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Late on Friday, the Federal Court of Australia, ruled the Australian Workers Union had twice broken the Fair Work Act over industrial action in May 2016.
Tensions at the Springhill plant were running high in the months after the deal brokered to save the steelworks – which led to redundancies, pay freezes and the loss of conditions.
On the morning of May 26 2016, AWU representatives Wayne Phillips and Branko Gorgievski were at a meeting of members held in the visitors car park at the Springhill plant.
In what Mr Phillips described in evidence as “a crazy, crazy situation” the call went up to take a 24-hour strike, workers voted in favour and then walked away.
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In his finding, Justice Michael Wigney found the union had broken section 417 of the Fair Work Act by holding the car park meeting – the section bans industrial action while an enterprise agreement is in place.
However, Justice Wigney disagreed with BlueScope’s claim the union was responsible for the 24-hour strike that arose out of the meeting.
Justice Wigney agreed with the testimony of Mr Phillips and others that they warned against the strike.
“Well, we’re going to end up in bloody court this afternoon,” Mr Phillips said he told the workers.
“You people better make yourselves available, because I ain’t going up on me own.”
Justice Wigney also found Mr Phillips contravened the Fair Work Act by asking whether BlueScope would dock workers’ pay for the initial car park meeting.
Section 475 states unions cannot ask companies to pay workers during unprotected industrial action.
In a phone call to human resources advisor Stacey Sutherland, Mr Phillips asked the company not to dock workers four hours pay.
The AWU evidence said Mr Phillips’ statement was not a demand but a request to find BlueScope’s intentions in the context of an “agitated” workforce.
However Justice Wigney ruled it was more than a search for information, that Mr Phillips “clearly asked” not to dock the pay of workers “who had engaged in unprotected industrial action that morning”.
A further hearing will be held to decide what punishments will be handed down to the union.
Glen Humphries
I'm an award-winning senior journalist with the Illawarra Mercury and have well over two decades' worth of experience in newspapers. I cover the three local councils in the Illawarra for the Mercury, state and federal politics, as well as writing for the TV guide. If I'm not writing, I'm reading.
I'm an award-winning senior journalist with the Illawarra Mercury and have well over two decades' worth of experience in newspapers. I cover the three local councils in the Illawarra for the Mercury, state and federal politics, as well as writing for the TV guide. If I'm not writing, I'm reading.
