Electrolux Home Products Pty Ltd v Australian Workers Union [2001] FCA 1600

FEDERAL COURT OF AUSTRALIA

Electrolux Home Products Pty Ltd v Australian Workers Union [2001] FCA 1600 INDUSTRIAL LAW – whether industrial action to support or advance union claims in respect of a proposed certified agreement was protected action – whether union claims against an employer to protect and secure employee entitlements, access of shop stewards to the employer's communication facilities, and a bargaining agent's fee payable by non-union members, are claims pertaining to the relationship of the employer and its employees, as such - whether industrial action in support of claims that include a claim that does not pertain to that employment relationship is not protected action Workplace Relations Act 1996 (Cth) Div 2 of Pt VIB ss 170LI, 170ML, 170MO, 170MT and 170NC(2) Industrial Relations Act 1988 (Cth) s 170MD Quickenden v O'Connor [2001] FCA 303 - cited Re Alcan Australia Ltd; Ex parte Federation of Industrial Manufacturing and Engineering Employees (1994) 181 CLR 96 - considered Re Manufacturing Grocers' Employees Federation of Australia; Ex parte Australian Chamber of Manufactures (1986) 160 CLR 341 - considered Re The Amalgamated Metal Workers Union of Australia; Ex parte Shell Co. of Australia Ltd (1992) 174 CLR 345 - considered R v Portus; Ex parte Australia and New Zealand Banking Group Limited (1972) 127 CLR 353 - considered Re Finance Sector Union of Australia; Ex parte Financial Clinic (Vic) Pty Ltd (1993) 178 CLR 352 - considered Mettoy Pension Trustees Ltd v Evans (1990) 1 WLR 1587 - cited Lock v Westpac Banking Corporation (1991) 25 NSWLR 593 – cited In re Pauling's Settlement Trusts [1964] 1 Ch 303 - cited Re Baden's Deed Trusts [1971] AC 424 - cited Transfield Pty Ltd v Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union (C 2001/4495) – disapproved Transfield Pty Ltd v Automotive Food, Metals, Engineering, Printing and Kindred Industries Union [2001] FCA 1533 - cited Metal Trades Employers Association v Amalgamated Engineering Union (1935) 54 CLR 387 - cited Accurate Factory Maintenance Labour Hire Enterprise Agreement 2000-2003 (C2001/1224) – cited Construction, Forestry, Mining and Energy Union v Australian Industrial Relations Commission (2001) 178 ALR 61 - cited ELETROLUX HOME PRODUCTS PTY LTD v AUSTRALIAN WORKERS UNION AND OTHERS - S157 OF 2001 JUDGE: MERKEL J DATE: 14 NOVEMBER 2001 PLACE: SYDNEY (HEARD IN ADELAIDE)