Hanley v Automotive Food Metals Engineering Printing & Kindred Industries Union [2000] FCA 1188

FEDERAL COURT OF AUSTRALIA

Hanley v Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union [2000] FCA 1188

INDUSTRIAL LAW – certified agreements - actions taken by union organiser to coerce employer to enter into certified agreement contrary to s 170NC of the Workplace Relations Act 1996 (Cth) - whether sufficient to show that intention to coerce is one of several reasons for action - whether sufficient to show that intention to coerce contrary to s 170NC is a substantial or operative reason - whether common law liability of union for organiser's breach excluded by terms of the Act - whether union liable vicariously or by operation of s 349

Workplace Relations Act 1996 (Cth) Conciliation and Arbitration Act 1904 (Cth) Crimes Act 1914 (Cth) s 5 Income Tax Assessment Act 1936 (Cth) s 230 Trade Practices Act 1974 (Cth) s 84 Industrial Relations Act 1979 (WA) ss 96E and 96G(2)

Tesco Ltd v Nattrass [1972] AC 153 Minister for Immigration, Local Government and Ethnic Affairs v Hamsher (1992) 35 FCR 359 General Motors Holden Pty Ltd v Bowling (1976) 51 ALJR 235 Hamilton v Whitehead (1988) 166 CLR 121 Mallan v Lee (1949) 80 CLR 198 Rowe v Transport Workers Union of Australia [1998] FCA 1646,(1998) 160 ALR 66 Trade Practices Commission v Queensland Aggregates Pty Ltd (1982) 44 ALR 391 Trade Practices Commission v Tubemakers of Australia Ltd (1983) 47 ALR 719 Ducasse v Transport Workers Union of Australia (1995) 65 IR 1 Mousell Brothers Ltd v London and North-Western Railway Co [1917] 2 KB 836 King v Australasian Films Ltd (1921) 29 CLR 195 Environment Protection Authority v Caltex Refining Co Pty Ltd (1993) 178 CLR 477 Evenco Pty Ltd v Amalgamated Society of Carpenters, Joiners, Bricklayers and Plasterers of Australasia Union of Employees, Queensland [1999] QSC 53 Evenco Pty Ltd v Amalgamated Society of Carpenters, Joiners, Bricklayers and Plasterers of Australasia Union of Employees, Queensland [2000] QCA 108 GTS Freight Management Pty Ltd v Transport Workers Union of Australia (1990) 25 FCR 296 Australian Industry Group v Automotive, Food, Metals, Engineering, Printing & Kindred Industries Union [2000] FCA 629 (unreported, FCA, 12 May 2000) Kelly v Construction Forestry Mining and Energy Union (1994) 129 ALR 109 Walplan Pty Ltd v Wallace (1985) 8 FCR 27 J-Corp Pty Ltd v Australian Builders Labourers Federated Union of Workers – Western Australian Branch (1992) 111 ALR 502 Employment Advocate v National Union of Workers [2000] FCA 710