Elliott v Kodak Australasia Pty Ltd (ACN 004 057 621) [2001] FCA 807

FEDERAL COURT OF AUSTRALIA

Elliott v Kodak Australasia Pty Ltd (ACN 004 057 621) [2001] FCA 807

INDUSTRIAL LAW – Redundancy – Whether redundancy in breach of ss 298K and 298L of the Workplace Relations Act 1996 (Cth) – Whether employee dismissed because he was a union delegate - Meaning of delegate under ss 298L(1)(a) and 298(1)(n) of the Workplace Relations Act 1996 (Cth) – Whether redundancy selection criteria inherently biased against employee in role as delegate - Whether employee dismissed because he was a member of a union – Whether the contract between the employer and the employee had been terminated – Whether reasonable notice was given Workplace Relations Act 1996 (Cth) Pt XA, ss 298K, 298L, 298T, 298V Photographic Industry (Kodak) Australasian Manufacturing and Distribution Award 1990 Commonwealth Conciliation and Arbitration Act 1904 (Cth) Commonwealth Conciliation and Arbitration Act (No 2) 1914 (Cth) Commonwealth Conciliation and Arbitration Act 1920 (Cth) Commonwealth Conciliation and Arbitration Act 1947 (Cth) Commonwealth Conciliation and Arbitration Act 1973 (Cth) Industrial Relations Act 1988 (Cth) Pearce v W D Peacock and Co (1917) 23 CLR 199 referred to National Union of Workers v Qenos Pty Ltd [2001] FCA 178 considered Plumton v Cathay Hotel Pty Ltd (1987) 21 IR 410 considered Cuevas v Freeman Motors Pty Ltd (1975) 25 FLR 67, 8 ALR 321 considered Stapleton v African Lion Safari Pty Ltd (1982) 65 FLR 61 considered Australian Municipal, Administrative, Clerical and Services Union v Ansett Australia Ltd [2000] FCA 441, (2000) 175 ALR 173 at [59] referred to Kenefick v Australian Submarine Corporation (1995) 62 IR 107 at 117- 118 referred to Ralph v Fortis Australia Ltd (Australian Industrial Relations Commission, Commissioner Smith, 14 December 2000, T4482) referred to Community and Public Sector Union v Telstra Corporation Ltd [2001] FCA 267 compared Byrne v Australian Airlines (1995) 185 CLR 410 considered Brackenridge v Toyota Motor Corporation Australia Ltd (1996) 67 IR 162 followed Australian National Hotels Pty Ltd v Jager (2000) 9 TasR 153, [2000] TASSC 43 cited Brackenridge v Toyota Motor Corporation Australia Ltd (1996) 142 ALR 99 referred to Quinn v Jack Chia (Australia) Ltd (1991) 43 IR 91 at 103 referred to Macken, McCarry & Sappideen The Law of Employment 4th ed. 1997 at 166 - 167