Australian Workers' Union v BHP Iron Ore Pty Ltd [2000] FCA 39

FEDERAL COURT OF AUSTRALIA

Australian Workers' Union v BHP Iron Ore Pty Ltd FCA [2000] 39

INDUSTRIAL LAW – injury of employees in their employment – alteration of positions of employees to their prejudice – whether serious question that injury or alteration occurs when terms and conditions of employment of some employees improved while others remain static – whether serious question to be tried of actual discrimination – prohibited reasons – operation of statutory presumption in interlocutory application – inducement to employee to stop being member of industrial association – entering into individual workplace agreements with employees – whether intention an essential element of inducement – whether serious question to be tried of intention to induce employees to stop being members of unions – contract of employment – whether term of award arguably express term of contract – whether contractual obligation on employer to refrain from entering into contract of employment with any employee inconsistent with award – extent to which Western Australian workplace agreements override awards – whether workplace agreements override contractual obligations of employer to other employees. CONTRACTS – terms – incorporation by reference of terms of industrial award into contract of employment – term preventing employer from entering into contract of employment inconsistent with award with any employee – whether breach of contract for employer to enter into workplace agreements inconsistent with award with some employees. INJUNCTIONS – exercise of discretion – industrial dispute. PRACTICE AND PROCEDURE – transfer of proceeding from proper place – relevance of possible place or places of trial. WORDS AND PHRASES – "injure an employee in his or her employment" – "alter the position of an employee to the employee's prejudice" – "whether by threats or promises or otherwise" – "induce". Workplace Relations Act 1996 (Cth) ss 298B, 298K, 298L, 298M, 298V Evidence Act 1995 (Cth) ss 75, 78, 80 Federal Court Rules O 1 r 4, O 10 r 1(2)(f) Industrial Relations Act 1979 (WA) Workplace Agreements Act 1993 (WA) s 6