Australasian Meat Industry Employees Union (WA Branch) v Woolworths Ltd [2002] FCA 1515

FEDERAL COURT OF AUSTRALIA

Australasian Meat Industry Employees Union (WA Branch) v Woolworths Ltd

[2002] FCA 1515

INDUSTRIAL LAW – respondent employer unsuccessfully endeavoured to negotiate a certified agreement with either the applicant or another union seeking to represent certain of its employees – then sought to reach agreement directly with those employees – ballot commenced – whether interlocutory injunction should be granted to restrain employer from taking any further steps towards obtaining certified agreement. Workplace Relations Act 1996 (Cth), ss 99, 118A, 170LK, 170LJ, s 170NB, 170NC, 298M Construction, Forestry, Mining & Energy Union v CSR Limited [2000] FCA 1203 referred to National Tertiary Education Industry Union v University of Technology, Sydney [2000] FCA 874 referred to Professional Officers' Association (Victoria) v CSL Ltd [2001] FCA 628 referred to Hanley v Automotive, Food, Metals, Engineering, Printing & Kindred Industries Union [2000] FCA 1188 distinguished AUSTRALASIAN MEAT INDUSTRY EMPLOYEES UNION (WA BRANCH) v WOOLWORTHS LIMITED W255 of 2002 CARR J 26 NOVEMBER 2002 PERTH

IN THE FEDERAL COURT OF AUSTRALIA

WESTERN AUSTRALIA DISTRICT REGISTRY W255 OF 2002

BETWEEN: AUSTRALASIAN MEAT INDUSTRY EMPLOYEES UNION (WA BRANCH)

Applicant

AND: WOOLWORTHS LIMITED

Respondent

JUDGE: CARR J

DATE OF ORDER: 26 NOVEMBER 2002

WHERE MADE: PERTH

THE COURT ORDERS THAT:

1. The motion be dismissed.

Note: Settlement and entry of orders is dealt with in Order 36 of the Federal Court Rules.

IN THE FEDERAL COURT OF AUSTRALIA

WESTERN AUSTRALIA DISTRICT REGISTRY W255 OF 2002

BETWEEN: AUSTRALASIAN MEAT INDUSTRY EMPLOYEES UNION

Applicant

AND: WOOLWORTHS LIMITED

Respondent

JUDGE: CARR J

DATE: 26 NOVEMBER 2002