AMIEU v Export Meat Processors Pty Ltd [2002] FCA 1604

FEDERAL COURT OF AUSTRALIA

AMIEU v Export Meat Processors Pty Ltd [2002] FCA 1604 AUSTRALASIAN MEAT INDUSTRY EMPLOYEES' UNION v EXPORT MEAT PROCESSORS PTY LTD & ORS V 828 OF 2002 NORTH J 13 DECEMBER 2002 MELBOURNE

IN THE FEDERAL COURT OF AUSTRALIA

VICTORIA DISTRICT REGISTRY V 828 OF 2002

BETWEEN: AUSTRALASIAN MEAT INDUSTRY EMPLOYEES' UNION

APPLICANT

AND: EXPORT MEAT PROCESSORS PTY LTD (ACN 095 181 409)

FIRST RESPONDENT

BELANDRA PTY LTD (ACN 055 452 778)

SECOND RESPONDENT

TASMAN GROUP SERVICES PTY LTD (ACN 005 062 082)

THIRD RESPONDENT

JUDGE: NORTH J

DATE OF ORDER: 13 DECEMBER 2002

WHERE MADE: MELBOURNE

Upon the applicant by its counsel undertaking:

(a) to submit to such order (if any) as the Court may consider to be just for the payment of compensation, to be assessed by the Court or as it may direct, to any person, whether or not a party, adversely affected by the operation of the interlocutory order or any continuation (with or without variation) thereof; and

(b) to pay the compensation referred to in (a) to the person there referred to;

THE COURT ORDERS THAT: 1. Until the final hearing and determination of this application, or further order, the persons referred to in paragraph 6 of the affidavit of Pierre Gilbert Cabral sworn on 12 December 2002 and filed herein, are reinstated to their former employment with the first respondent on the same terms and conditions as applied to them immediately prior to the termination of their employment on 19 November 2002, including the terms and conditions prescribed by the P & R Meats and Australasian Meat Industry Employees' Union Boning Agreement 1998. 2. The parties have liberty to apply on short notice to seek any variation of the orders in paragraph 1 hereof. Note: Settlement and entry of orders is dealt with in Order 36 of the Federal Court Rules.