Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Australasian Meat Industry Employees' Union v
G & K O'Connor Pty Ltd [2000] FCA 1760
INDUSTRIAL LAW - Australian Workplace Agreements – AWA industrial action – lockout by employer – after cessation of lockout employer paid employees lower wages calculated on basis of minimum rates award – claim by union and employees that this conduct constituted duress in connection with making an AWA – whether s170WC(1) of the Workplace Relations Act confers immunity against claim of duress – Application for interlocutory injunction to restrain employer from failing to pay to employees wages, penalties and allowances not less beneficial than the remuneration provided by a 1992 certified agreement – whether this constituted an application to enforce an industrial instrument – relevance of imminent hearing or a claim for penalties and compensation because of employer's failure to remunerate in accordance with the certified agreement – power of Court to make an interlocutory injunction restraining a breach of Part VID of the Act. Workplace Relations Act 1996 – ss170VZ, 170WB, 17WC, 170WG AUSTRALASIAN MEAT INDUSTRY EMPLOYEES' UNION AND BARRY DONALD DAVIDSON V G & K O'CONNOR PTY LTD V671 of 2000 AUSTRALASIAN MEAT INDUSTRY EMPLOYEES' UNION, COLLIN ROSS AND ORS V G & K O'CONNOR PTY LTD V833 of 2000
WILCOX, MERKEL and FINKELSTEIN JJ
MELBOURNE 5 DECEMBER 2000
IN THE FEDERAL COURT OF AUSTRALIA
VICTORIA DISTRICT REGISTRY V671 of 2000
BETWEEN: AUSTRALASIAN MEAT INDUSTRY EMPLOYEES' UNION
First Appellant
BARRY DONALD DAVIDSON
Second Appellant
AND: G & K O'CONNOR PTY LTD
Respondent JUDGES: WILCOX, MERKEL and FINKELSTEIN JJ
DATE OF ORDER: 5 DECEMBER 2000
WHERE MADE: MELBOURNE
THE COURT ORDERS THAT: 1. The appeal be allowed. 2. The answer to preliminary question (b) given by Marshall J on 16 June 2000 be set aside.
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