Australasian Meat Industry Employees Union v G & K O'Connor [2001] FCA 624

FEDERAL COURT OF AUSTRALIA AUSTRALASIAN MEAT INDUSTRY EMPLOYEES' UNION v G & K O'CONNOR [2001] FCA 624

INDUSTRIAL LAW – certified agreementmade under Industrial Relations Act 1988 Div 3A Part VI – since expired but asserted by the Union to be continuing in operation under holding over provisions in respect of the certified agreement both contractual and statutory – whether such certified agreement displaced by either or both of two awards made subsequently during the holding over period by reason of the employer rejoining its relevant organisation of employers prior to the making of such awards – whether such two awards related to the same matters within s 148(1) of the Act as those the subject of the certified agreement. Industrial Relations Act 1988 (Cth)ss 4(1), 111(1)(b), 111(1)(c), 113, 114, 134E(1), 134(J)(2), 134J(3), 134K, 134M, 134N, 148(1), 148(2), 149(1)(f), 149(2), 178(1), 178(4), 178(6) Workplace Relations Act 1996 (Cth) ss 4(1), 89A(1), 89A(3), 143(1), 148(1), 148(3) Industrial Relations Reform Act 1993 (Cth) s 35(2)(b) Workplace Relations and Other Legislation Amendment Act 1996 (Cth) s 143 Conciliation and Arbitration Act 1904 (Cth) Australasian Meat Industry Employees Union v G & K O'Connor Pty Ltd (2000) 104 FCR 80 referred to Australasian Meat Industry Employees' Union v Hamberger (2000) 102 FCR 74 applied Brunton v Commissioner of Stamp Duties [1913] AC 747 applied Burwood Cinema Ltd v Australian Theatrical & Amusement Employees Association (1925)35 CLR 528 referred to Byrne v Australian Airlines Ltd (1985) 185 CLR 410 referred to Construction, Forestry, Mining and Energy Union v Botany Cranes & Forklift Services Pty Ltd (1997) 73 IR 44 applied May v Lilyvale Hotel Pty Limited (1995) 68 IR 112 considered North Western Health Care Network v Health Services Union of Australia (1999) 92 FCR 477 considered Ryan v Textile Clothing & Footwear Union of Australia [1996] 2 VR 235 referred to Telstra Corporation Ltd v MacBean (1999) 97 FCR 421 referred to The Queen v Tonkin; ex parte Federated Ship Painters and Dockers' Union of Australia (1954) 92 CLR 526 considered The Western Australian Timber Workers' Industrial Union of Workers (South West Land Division) v The Western Australian Sawmillers' Association (1929) 43 CLR 185 referred to Monard v H.M. Leggo & Co Ltd (1923) 33 CLR 155 referred to R v Recorder of Oxford; ex parte Brasenose College [1969] 3 All ER 428 referred to Bithell v Bithell [1955] P 76 referred to George Hudson Ltd v Australian Timber Workers Union (1923) 32 CLR 413 considered The Commonwealth v Verwayen (1990) 175 CLR 394 referred to R v Clarke [1969] 2 QB 91 referred to Amalgamated Collieries of W.A. Ltd v True (1938) 59 CLR 417 referred to True v Amalgamated Collieries of W.A. Ltd (1940) 62 CLR 451 referred to