Automotive, Food, Metals, Engineering, Printing & Kindred Industries Union v Henry Walker Eltin Contracting Pty Ltd [2004] FCA 1274

FEDERAL COURT OF AUSTRALIA

Automotive, Food, Metals, Engineering, Printing & Kindred Industries Union v Henry Walker Eltin Contracting Pty Ltd [2004] FCA 1274

WORKPLACE RELATIONS – lockout – certified agreement – bargaining period – employer's response to ongoing industrial action – whether protected action – notice requirement – to unions – to particular employees – sufficiency of written notice affixed to door of union offices – written notice to employees at mustering before transport to work site – whether prior to lockout – notices sufficient – application for breach of certified agreement and of Act dismissed

Workplace Relations Act 1996 s 170L, s 170ML(3), s 170MO, s 170MU(1) Federal Court of Australia Act 1976 (Cth) s 23 Acts Interpretation Act 1901 (Cth) s 28A Australasian Meat Industry Employees Union v O'Connor (1999) 96 IR 266 cited Davids Distribution Pty Ltd v National Union of Workers (1999) 91 FCR 463 cited Australasian Meat Industry Employees' Union v Peerless Holdings Pty Ltd (2000) 103 FCR 577 cited AUTOMOTIVE, FOOD, METALS, ENGINEERING, PRINTING & KINDRED INDUSTRIES UNION v HENRY WALKER ELTIN CONTRACTING PTY LTD W186 OF 2004 FRENCH J 30 SEPTEMBER 2004 PERTH

IN THE FEDERAL COURT OF AUSTRALIA

WESTERN AUSTRALIA DISTRICT REGISTRY W186 OF 2004

BETWEEN: AUTOMOTIVE, FOOD, METALS, ENGINEERING PRINTING & KINDRED INDUSTRIES UNION

FIRST APPLICANT

AUSTRALIAN WORKERS UNION

SECOND APPLICANT

AND: HENRY WALKER ELTIN CONTRACTING PTY LTD

RESPONDENT

JUDGE: FRENCH J

DATE OF ORDER: 30 SEPTEMBER 2004

WHERE MADE: PERTH

THE COURT ORDERS THAT: 1. The application be dismissed. 2. Any submissions as to costs to be filed in writing within fourteen days.

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