Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Australasian Meat Industry Employees' Union v O'Connor [1999] FCA 617
INDUSTRIAL LAW –lockout of employees – determination of separate question – whether personal service of lockout notices required – whether contrary intention evinced by the Workplace Relations Act 1996 (Cth) – whether reasonable steps taken by the respondent to notify certain employees of the lockout – meaning of "other reasonable steps" in s170MO of the Act
WORDS & PHRASES – "other reasonable steps"
Workplace Relations Act 1996 (Cth) s170MO
Workplace Relations and Other Legislation Amendment Bill 1996 (Cth)
Acts Interpretation Act 1901 (Cth) s28A
Australasian Meat Industry Employees Union and Anor v G & K O'Connor Pty Ltd [1999] FCA 310, referred to.
AUSTRALASIAN MEAT INDUSTRY EMPLOYEES' UNION and BARRY DONALD DAVIDSON v G & K O'CONNOR PTY LTD
V 102 OF 1999
MARSHALL J
13 MAY 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
Respondent
JUDGE: MARSHALL J
DATE OF ORDER: 13 MAY 1999
WHERE MADE: MELBOURNE
THE COURT ORDERS THAT: 1. Action taken by the respondent to lock out from their employment the persons whose names are set out below, in reliance upon a notification dated 15 March 1999 of a lockout intended to commence on 19 March 1999, was not protected action within the meaning of Division 8 of Part VIB of the Workplace Relations Act 1996 (Cth).
Brett Arter Stan Blackwood John Corbett Barry Davidson Oliver Drish Peter Dyall Kaye Garvey Luke Grogan Max Ingram Nathan Knight Stephen Martin Tom McMaster Kevin Milnes Leigh Milner Jeanette Mitchell Ahmed Musse Andrew Myers John Patterson Graeme John Pendergast Paul Renahan Anthony Reynolds Dean Rodda Andrew Taylor Nigel Townley Justin Van Schouten Nathan Vigenser Peter Voss Lawrence Walsh Louise Wealands Mark Wealands Christopher Whitfield Collin Ross
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