Amcor Limited v Construction, Forestry, Mining and Energy Union [2003] FCAFC 57

FEDERAL COURT OF AUSTRALIA

Amcor Limited v Construction, Forestry, Mining and Energy Union [2003] FCAFC 57

INDUSTRIAL LAW – certified agreement – transfer of employees' employment as part of a restructuring of a company's business – whether the employees were redundant and retrenched – whether redundancy relates to the employee's position or the employee's position with his or her employer.

Workplace Relations Act 1996 (Cth) ss 170MB, 178(6)

R v Industrial Commission of South Australia; Ex parte Adelaide Milk Supply Co-operative (1977) 16 SASR 6, referred to Short v FW Hercus Pty Ltd (1993) 40 FCR 511, referred to Re Government Cleaning Services (Privatisation) Award No 2 (1994) 55 IR 199, referred to Termination, Change and Redundancy Case (1984) 8 IR 34, referred to Gapes v Commercial Bank of Australia Ltd (1979) 41 FLR 27, cited Metropolitan Health Service Board v Australian Nursing Federation (2000) 99 FCR 95, cited Seamen's Union of Australia v Adelaide Steamship Co Ltd (1976) 46 FLR 444, followed Printing and Kindred Industries Union v Davies Bros Ltd (1986) 18 IR 444, cited Actors' Equity of Australia v Australian Broadcasting Corporation (1986) 17 IR 393, cited City of Wanneroo v Holmes (1989) 30 IR 36, cited R v Industrial Court (SA); Ex parte General Motors-Holden's Ltd (1983) 35 SASR 161; 6 IR 394, cited Morris v O'Grady; Re Application of Raffa (1991) 37 IR 196, cited Hawkins v Commonwealth Bank of Australia (No 2) (1996) 70 IR 213, cited Formosa v Secretary, Department of Social Security (1988) 46 FCR 117, cited Minister for Immigration and Ethnic Affairs v Polat (1995) 57 FCR 98, cited AMCOR LIMITED (ACN 000 017 372) v CONSTRUCTION, FORESTRY, MINING AND ENERGY UNION and NEVILLE GEORGE ANDERSON V501 of 2002 MOORE, MARSHALL and MERKEL JJ MELBOURNE 28 MARCH 2003

IN THE FEDERAL COURT OF AUSTRALIA