Australian Liquor, Hospitality & Miscellaneous Workers' Union v Coca-Cola Amatil (Aust) Pty Ltd [2000] FCA 782

FEDERAL COURT OF AUSTRALIA

Australian Liquor, Hospitality & Miscellaneous Workers' Union v Coca-Cola Amatil (Aust) Pty Ltd [2000] FCA 782

INDUSTRIAL LAW – product losses – employer proposing to contract out the functions of employees unless employees came up with alternative plan – negotiations for a new enterprise bargaining agreement due and not begun – proposed new work practices requiring change to existing agreement or new agreement– whether contracting out proposal made in contravention of s 170NC or s 298K of the Workplace Relations Act 1996 INJUNCTIONS – exercise of discretion to grant interlocutory injunction – balance of convenience

Workplace Relations Act 1996, s 99, s 170LW, s 170NC, s 298K, s 298L, s 298V

Australian Workers' Union v Yallourn Energy Pty Ltd [2000] FCA 65 followed Patrick Stevedores Operations No 2 Pty Ltd v Maritime Union of Australia (1998) 195 CLR 1 referred BHP Iron Ore Pty Ltd v Australian Workers' Union [2000] FCA 430 referred Davids Distribution Pty Ltd v National Union of Workers (1999) 91 IR 198 referred AUSTRALIAN LIQUOR HOSPITALITY & MISCELLANEOUS WORKER'S UNION v COCA-COLA AMATIL (AUST) PTY LTD (ACN 076 594 119) V 357 of 2000 KENNY J MELBOURNE 5 JUNE 2000

IN THE FEDERAL COURT OF AUSTRALIA

VICTORIA DISTRICT REGISTRY V 357 OF 2000

BETWEEN: AUSTRALIAN LIQUOR HOSPITALITY & MISCELLANEOUS WORKERS' UNION

Applicant

AND: COCA-COLA AMATIL (AUST) PTY LTD (ACN 076 594 119)

Respondent

JUDGE: KENNY J

DATE OF ORDER: 5 JUNE 2000

WHERE MADE: MELBOURNE

UPON THE APPLICANT BY ITS COUNSEL UNDERTAKING TO THE COURT:

(a) to submit to such order (if any) as the Court may consider to be just for the payment of any compensation, to be assessed by the Court or as it may direct, to any person, whether or not a party, adversely affected by the operation of this interlocutory order or any continuation (with or without variation) thereof; and