Australasian Meat Industry Employee's Union v G & K O'Connor Pty Ltd [1999] FCA 310

FEDERAL COURT OF AUSTRALIA

Australasian Meat Industry Employees' Union v G & K O'Connor Pty Ltd [1999] FCA 310 INDUSTRIAL LAW – Interlocutory relief – lockout of employees during bargaining period – whether service of Notice of Intention to Initiate a Bargaining Period upon the branch of the applicant union satisfies s170MI(3)(b) of the Workplace Relations Act 1996 (Cth) – whether the respondent "genuinely tried" to reach agreement with the union as required by s170MP(3)(a) of the Act prior to taking protected action – whether the Court is entitled to have regard to negotiations that took place prior to the initiation of a bargaining period – whether the respondent has taken unprotected industrial action with intent to coerce another person to agree to make an agreement contrary to s170NC of the Act. WORDS AND PHRASES – "genuinely tried", serious issue to be tried – balance of convenience.

Workplace Relations Act 1996 (Cth), ss170MI, 170MO, 170MP, 170NC, 170NG Industrial Relations Act 1988 (Cth) s170QK Judiciary Act 1903 (Cth) s39B(1A)(c) Re Australian Rail, Tram and Bus Industry Union, Print L5622, 30 September 1994, Australian Industrial Relations Commission, Hancock SDP, applied Transport Workers' Union of Australia v Graham Meyrick Lee, [1998] 756 FCA, referred to Bullock v Federated Furnishing Trades Society of A/asia (1985) 5 FCR 464, followed

AUSTRALASIAN MEAT INDUSTRY EMPLOYEES' UNION and BARRY DONALD DAVIDSON v G & K O'CONNOR PTY LTD (ACN 005 934 029) V 102 OF 1999 MARSHALL J 22 MARCH 1999 MELBOURNE IN THE FEDERAL COURT OF AUSTRALIA

VICTORIA DISTRICT REGISTRY V 102 OF 1999

BETWEEN: AUSTRALASIAN MEAT INDUSTRY EMPLOYEES' UNION

First Applicant

BARRY DONALD DAVIDSON

Second Applicant

AND: G & K O'CONNOR PTY LTD (ACN 005 934 029)