Australian Municipal, Administrative, Clerical & Services Union v Ansett Australia Ltd [2000] FCA 441

FEDERAL COURT OF AUSTRALIA

Australian Municipal, Administrative, Clerical & Services Union v Ansett Australia Ltd [2000] FCA 441

INDUSTRIAL LAW – Dismissal – Union delegate – whether employer discharged onus of establishing that the reasons for dismissal were not associated with the circumstance that the employee was a union delegate – whether dismissal based on activities as a union delegate is a dismissal for the reason that the employee is a union delegate Workplace Relations Act 1996 (Cth) ss 298K, 298L and 298V General Motors Holden v Bowling (1976) 12 ALR 605 – applied Bowling v General Motors Holden (1975) 8 ALR 197 – considered Cuevas v Freeman Motors Pty Ltd (1975) 25 FLR 67 – considered Maritime Union of Australia v Geraldton Port Authority (1999) 165 ALR 67 – applied Davids Distribution Pty Ltd v National Union of Workers (1999) 165 ALR 550 – followed Hyde v Chrysler (Australia) Ltd (1977) 30 FLR 318 – cited Lewis v Qantas Airways Ltd (1981) 54 FLR 101 – cited AUSTRALIAN MUNICIPAL, ADMINISTRATIVE, CLERICAL AND SERVICES UNION v ANSETT AUSTRALIA LIMITED V 717 of 1999 JUDGE: MERKEL J DATE: 7 APRIL 2000 PLACE: MELBOURNE

IN THE FEDERAL COURT OF AUSTRALIA

VICTORIA DISTRICT REGISTRY V 717 OF 1999

BETWEEN: AUSTRALIAN MUNICIPAL, ADMINISTRATIVE, CLERICAL AND SERVICES UNION

APPLICANT

AND: ANSETT AUSTRALIA LIMITED

RESPONDENT

JUDGE: MERKEL J

DATE OF ORDER: 7 APRIL 2000

WHERE MADE: MELBOURNE

THE COURT DECLARES THAT the respondent, in dismissing Ms Maria Gencarelli, a delegate of the Applicant, from her employment, has engaged in conduct in contravention of s 298K(1)(a) of the Workplace Relations Act 1996 (Cth).

AND ORDERS that the further hearing of the matter in relation to penalty and compensation be adjourned to a date to be fixed.