Australian Airline Flight Engineers Association v Ansett Australia Ltd [2000] FCA 1299

FEDERAL COURT OF AUSTRALIA

Australian Airline Flight Engineers Association v Ansett Australia Ltd [2000] FCA 1299

INDUSTRIAL LAW – interlocutory injunction to restrain lockout of employees – employer locking out employees to coerce them to agree to alter the terms upon which it contracted to employ them – whether employer immune from legal liability in respect of the lockout on the ground that it is protected action – whether immunity extends to initiation of bargaining period and notice of the lockout – whether an implied term of contract of employment that employer would not take steps to enable it to lockout its employees to coerce them to agree to alter their contractual rights - whether employer genuinely tried to reach agreement with the employees – whether interlocutory injunctions should be refused on ground that the employees' loss is compensable in damages

Workplace Relations Act 1996 (Cth) ss 170MI(2), 170ML(3), 170ML(5), 170MO(5), 170MP(3), 170MT and 170NC Trade Practices Act 1974 (Cth) s 51AA ACI Operations Pty Ltd v Automotive Food Metals, Engineering and Kindred Industries Union [2000] FCA 393 - considered Construction, Forestry, Mining and Energy Union v Yallourn Energy Pty Ltd [2000] FCA 1070 - applied Australasian Meat Industry Employees' Union v G & K O'Connor Pty Ltd [1999] 91 IR 356 - cited Commonwealth v Verweyen (1990) 170 CLR 394 – cited Butt v McDonald (1896) 7 Q.L.J. 68 - cited Ansett Transport Industries v Commonwealth (1977) 139 CLR 54 - cited Camberwell v Camberwell Centre (1994) 1 VR 163 - cited Australian Paper Ltd v Communications, Electrical, Electronic, Energy, Information Postal, Plumbing and Allied Services Union of Australia 81 IR 15 - cited AUSTRALIAN AIRLINE FLIGHT ENGINEERS ASSOCIATION AND ANOR v ANSETT AUSTRALIA LIMITD V 678 of 2000 JUDGE: MERKEL J DATE: 12 SEPTEMBER 2000 PLACE: MELBOURNE