National Union of Workers v Qenos Pty Ltd [2001] FCA 178

FEDERAL COURT OF AUSTRALIA

National Union of Workers v Qenos Pty Ltd [2001] FCA 178

INDUSTRIAL LAW – decision by employer to conduct "spill and fill" selection and retrenchment process – whether made for prohibited reason – whether made wholly or in part because of protected action - whether decision constitutes threat of dismissal – whether constitutes injury to employees in course of employment – whether prejudicially alters employees' positions – whether decision taken by reason of employees' membership of industrial union – whether employees dissatisfied with conditions – whether decision taken to coerce employees to accept agreement.

Workplace Relations Act 1996 (Cth) ss 170MU(1), 170NC, 298K(1)(a), (b), (c), 298L(1)(a), 298L(1)(l) Davids Distribution Pty Ltd v NUW (1999) 91 FCR 463 at 500 considered Construction, Forestry, Mining and Energy Union v BHP Steel (AIS) Pty Ltd [2000] FCA 1008 at par 48 referred to Australian Workers' Union v John Holland Pty Ltd [2001] FCA 93 at par 47 referred to General Motors Holden Pty Ltd v Bowling (1976) 12 ALR 605 at 616, 619 referred to IW v City of Perth (1997) 191 CLR 1 referred to Employment Advocate v National Union of Workers (2000) 173 ALR 479 at 487 referred to CPSU v Telstra Corporation Ltd (2000) 99 IR 238 at 244, 245-246 followed Maritime Union of Australia v Geraldton Port Authority (1999) 93 FCR 34 at 69 referred to Patrick Stevedore Operations No 2 Pty Ltd v Maritime Union of Australia (1998) 195 CLR 1 at 18 referred to Australian Municipal, Administrative, Clerical and Services Union v Greater Dandenong Council (2000) 101 IR 143 at 157 referred to Gibbs v Palmerston Town Council (V28 and V29 of 1987, unreported, 21 December 1987) considered Australian Workers' Union v BHP Iron-Ore Pty Ltd [2001] FCA 3 at pars 53-54, 172-173, 218 followed, par 66 considered Jones v Dunkel (1959) 101 CLR 298 referred to Finance Sector Union v Commonwealth Bank of Australia [2000] FCA 1372 referred to BHP Iron Ore Pty Ltd v Australian Workers' Union (2000) 171 ALR 680 at 689, 698-703 followed Finance Section Union v Commonwealth Bank of Australia [2000] FCA 1468 followed