Australian Meat Industry Employees Union & Ors v MT Schank Meat Processing Pty Ltd & Anor [1998] FCA 543

FEDERAL COURT OF AUSTRALIA

Industrial law - certified agreement - whether respondents bound by the certified agreement - whether each respondent is a successor, assignee or transmittee of the business or part of the business of a party to the certified agreement - whether evidence adduced by applicants made out a prima facie case - whether a transfer of part of the business established

Industrial Relations Act 1988 (Cth) s 149(2) Workplace Relations Act 1996 (Cth) ss 178, 179

Woodhouse v Peter Brotherhood Limited [1972] 3 All ER 91 Shaw v United Felt Hats Pty Ltd (1927) 39 CLR 533 applied Meat and Allied Trades Federation of Australia v Australasian Meat Industry Employees Union (1995) 58 IR 90 applied Gapes v Commercial Bank of Australia (1979) 38 FLR 431 cited Matter No. SG68 of 1997 AUSTRALIAN MEAT INDUSTRY EMPLOYEES UNION & OTHERS v MT SCHANK MEAT PROCESSING PTY LTD & ANOTHER VON DOUSSA J ADELAIDE 21 MAY 1998

IN THE FEDERAL COURT OF AUSTRALIA

SOUTH AUSTRALIA DISTRICT REGISTRY SG68 of 1997

BETWEEN: AUSTRALIAN MEAT INDUSTRY EMPLOYEES UNION

First Applicant

DARREN FRY

Second Applicant

MICHAEL DEAN MAYNARD

Third Applicant

GEOFFREY MARK BALNAVES

Fourth Applicant

PAMELA LORRAINE DICKER

Fifth Applicant

JENNIFER DOREEN FERGUSON

Sixth Applicant

TROY KEPPLES

Seventh Applicant

AND: MT SCHANK MEAT PROCESSING PTY LTD

Respondent

first respondent

QUALITY MEAT PACKING PTY LTD

SECOND RESPONDENT

JUDGE: VON DOUSSA J

DATE OF ORDER: 21 may 1998

WHERE MADE: ADELAIDE

THE COURT ORDERS THAT: Declaration that the respondents are bound by the agreement entered into between the first applicant and Mount Gambier Meat Processing Pty Ltd and certified by the Australian Industrial Relations Commission on 3 February 1995. Note: Settlement and entry of orders is dealt with in Order 36 of the Federal Court Rules.