Australasian Meat Industry Employees Union v Hamberger [2000] FCA 1197

FEDERAL COURT OF AUSTRALIA

Australasian Meat Industry Employees Union v Hamberger [2000] FCA 1197 WORKPLACE RELATIONS – no-disadvantage test – transitional provisions – agreement certified in 1992 still binding – agreement certified in 1992 not an award for the purposes of s 178(1) of the Workplace Relations Act 1996 (Cth)

Industrial Relations Act 1988 (Cth) Workplace Relations Act 1996 (Cth) Conciliation & Arbitration Act 1904 (Cth) Industrial Relations Reform Act 1993 (Cth) Workplace Relations and Other Legislation Amendment Act 1996 Acts Interpretation Act 1901 (Cth) Industrial Relations Legislation Amendment Act 1992 (Cth) Telstra Corporation Limited v MacBean (2000) 171 ALR 357 followed IRC v Metrolands (Property Finance) Ltd [1981] 2 All ER 166 referred to Burwood Cinema Ltd v Australian Theatrical & Amusement Employees Association (1925) 35 CLR 528 referred to Halsbury's Laws of England, 4th ed reissue Vol 44(1)

AUSTRALASIAN MEAT INDUSTRY EMPLOYEES UNION, GRAHAM BIRD AND PAUL DAVEY V JONATHON HAMBERGER AND G & K O'CONNOR PTY LTD NO. V 28 OF 2000 AUSTRALASIAN MEAT INDUSTRY EMPLOYEES UNION AND BARRY DONALD DAVIDSON V G & K O'CONNOR PTY LTD NO. V 489 OF 1999 NO. V 650 OF 1999 JUDGES: BEAUMONT, LEE & GYLES JJ DATE: 25 AUGUST 2000 PLACE: MELBOURNE

IN THE FEDERAL COURT OF AUSTRALIA

VICTORIA DISTRICT REGISTRY V 28 of 2000

BETWEEN: AUSTRALASIAN MEAT INDUSTRY EMPLOYEES UNION

FIRST APPLICANT

GRAHAM BIRD

SECOND APPLICANT

PAUL DAVEY

THIRD APPLICANT

AND: JONATHON HAMBERGER

FIRST RESPONDENT

G & K O'CONNOR PTY LTD

SECOND RESPONDENT

IN THE FEDERAL COURT OF AUSTRALIA

VICTORIA DISTRICT REGISTRY V 489 of 1999

V 650 of 1999

BETWEEN: AUSTRALASIAN MEAT INDUSTRY EMPLOYEES UNION