Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Australian Industry Group v Automotive, Food, Metals, Engineering, Printing & Kindred Industries Union [2003] FCAFC 183
INDUSTRIAL LAW – certified agreements – prohibition against industrial action in respect of employment subject to certified agreement – prohibition imposed by s 170MN Workplace Relations Act 1996 – scope of prohibition – whether limited to matters covered by agreement – whether extends to all aspects of employment relationship – statutory interpretation – purposive construction – statutory objectives – construction promoting flexibility in agreements to be preferred – limited construction of prohibition correct
Workplace Relations Act 1996 (Cth) s 170MN, s 3, s 170L Acts Interpretation Act 1901 (Cth) s 15AA(1)
Kilpatrick Green Pty Ltd v The Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia [1998] FCA 559 cited Westall Richardson Ltd v Roulson [1954] 2 All ER 448 cited K & S Lake City Freighters Pty Ltd v Gordon and Gotch Ltd (1985) 157 CLR 309 cited Mills v Meeking (1990) 169 CLR 214 cited Project Blue Sky Inc v Australian Broadcasting Authority (1998) 194 CLR 355 cited R v L (1994) 49 FCR 534, (1998) 194 CLR 355 cited Australian Industry Group v Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union[2002] FCAFC 386 referred to Newcastle City Council v GIO General Ltd (1997) 191 CLR 85 cited CIC Insurance Ltd v Bankstown Football Club (1997) 187 CLR 384 cited Austin v Commonwealth (2003) 195 ALR 321 cited Busby v Chief Manager, Human Resources Department, Australian Telecommunications Commission (1988) 20 FCR 463 cited Short v FW Hercus Pty Limited (1993) 40 FCR 511 cited Automotive, Food, Metals, Engineering, Printing & Kindred Industries Union v Electrolux Home Products Pty Limited (2002) 118 FCR 177 referred to Royal Botanic Gardens and Domain Trust v South Sydney City Council (2002) 186 ALR 289 referred to Beitseen v Johnson (1989) 29 IR 336 referred to Long v Minister for Immigration and Multicultural and Indigenous Affairs [2002] FCAFC 438 cited Bass v Permanent Trustee Co Ltd [1999] HCA 9; (1999) 198 CLR 334 cited
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