Australasian Meat Industry Employees' Union v G & K O'Connor Pty Ltd [2000] FCA 794

FEDERAL COURT OF AUSTRALIA

Australasian Meat Industry Employees' Union v G & K O'Connor Pty Ltd [2000] FCA 794

INDUSTRIAL LAW - whether lockout effected by the respondent pursuant to Div 8 of Part VID of the Workplace Relations Act 1996 (Cth) is immune from suit as a consequence of the provisions of s170WC of the Workplace Relations Act 1996 (Cth) - whether prohibition on the application of duress in connection with the making of an Australian Workplace Agreement contained in s170WG of the Workplace Relations Act 1996 (Cth) is in conflict with such immunity Workplace Relations Act 1996 (Cth) Part VIB, Part VID, ss111, 170ML, 170MT, 170MW, 170NC, 170WC, 170WG

Australasian Meat Industry Employees' Union v G & K O'Connor Pty Ltd [1999] FCA 1217 referred to

Australasian Meat Industry Employees' Union v G & K O'Connor Pty Ltd [1999] FCA 1705 referred to

Project Blue Sky Inc v Australian Broadcasting Authority (1998) 194 CLR 355 referred to

ASU v Electrix Pty Ltd [1999] FCA 211; (1999) 93 IR 43 referred to

Schanka v Employment National (Administration) Pty Ltd [1999] FCA 1334; (1999) 166 ALR 663 followed

AUSTRALASIAN MEAT INDUSTRY EMPLOYEES' UNION and BARRY DONALD DAVIDSON v G & K O'CONNOR PTY LTD (ACN 005 934 029)

V 489 of 1999 V 650 of 1999 MARSHALL J MELBOURNE 16 JUNE 2000

IN THE FEDERAL COURT OF AUSTRALIA

VICTORIA DISTRICT REGISTRY V 489 & V 650 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)

RESPONDENT

JUDGE: MARSHALL J

DATE OF ORDER: 16 JUNE 2000

WHERE MADE: MELBOURNE

THE COURT ORDERS THAT:

1. Question (a) be answered "Yes". 2. Question (b) be answered "No". Note: Settlement and entry of orders is dealt with in Order 36 of the Federal Court Rules.