Australasian Meat Industry Employees' Union v G & K O'connor Pty Ltd [2000] 1975

FEDERAL COURT OF AUSTRALIA

Australasian Meat Industry Employees' Union v G & K O'Connor Pty Ltd

[2000] FCA 1795 INDUSTRIAL LAW – application for interlocutory relief – whether serious issue to be tried – whether duress in contravention of s170WG of the Workplace Relations Act 1996 (Cth) – consideration of balance of convenience – individual circumstances of personal applicants Workplace Relations Act 1996 (Cth) s170WG

G & K O'Connor and Australasian Meat Industry Employees' Union Victorian Meat Processing Agreement 1992

Federal Meat Industry [Processing] Award 2000

Australasian Meat Industry Employees' Union v G & K O'Connor Pty Ltd [2000] FCA 1607 referred to

Australasian Meat Industry Employees' Union v G & K O'Connor Pty Ltd [2000] FCA 1760 applied

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

Bullock v The Federated Furnishing Trades Society of Australasia (1985)5 FCR 464 applied

AUSTRALASIAN MEAT INDUSTRY EMPLOYEES' UNION, COLLIN ROSS and ORS v G & K O'CONNOR PTY LTD (ACN 005 934 029) V 833 OF 2000 MARSHALL J MELBOURNE 12 DECEMBER 2000

IN THE FEDERAL COURT OF AUSTRALIA

VICTORIA DISTRICT REGISTRY V 833 OF 2000

BETWEEN: AUSTRALASIAN MEAT INDUSTRY EMPLOYEES' UNION

FIRST APPLICANT

COLLIN ROSS

SECOND APPLICANT

AND OTHERS (According to Schedule annexed hereto)

THIRD TO THIRTY - FIRST APPLICANTS

AND: G & K O'CONNOR PTY LTD

(ACN 005 934 029)

RESPONDENT

JUDGE: MARSHALL J

DATE OF ORDER: 12 DECEMBER 2000

WHERE MADE: MELBOURNE

THE COURT ORDERS THAT: Pending the hearing and determination of the substantive proceeding or until further order and upon the first applicant giving the usual undertaking as to damages:

1. The respondent be restrained from failing and/or refusing to accord to each of the second to thirty-first applicants wages, penalties, allowances and conditions that are no less beneficial than those provided by the G & K O'Connor and Australasian Meat Industry Employees' Union Victorian Meat Processing Agreement 1992.