Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union v Nestle Australia Limited [2005] FCA 488

FEDERAL COURT OF AUSTRALIA

Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union v Nestlé Australia Limited [2005] FCA 488

INDUSTRIAL LAW – application for penalty pursuant to s 178 of the Workplace Relations Act 1996 (Cth) – claim for breaches of s 170LJagreement, Nestlé Australia Limited (Framework) Certified Agreement 2003 – meaning of cl 3.6 "no employees shall be employed under a different form of agreement except by the agreement of the parties" – meaning of cl 5A "no extra claims" – new contracts of employment contained medical examination clause – contract of employment not a "different form of agreement" – individual employees not parties to the certified agreement – application dismissed

Workplace Relations Act 1996 (Cth) ss 170CK(2)(f), 170CK(3), 170LJ, 170LK, 170LT

Nestlé Australia Limited (Framework) Certified Agreement 2003 Byrne v Australian Airlines Ltd (1995) 185 CLR 410, referred to Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union v Unilever Australia Ltd (2003) 132 IR 34, referred to AUTOMOTIVE, FOOD, METALS, ENGINEERING, PRINTING AND KINDRED INDUSTRIES UNION v NESTLÉ AUSTRALIA LIMITED V 52 OF 2005 MARSHALL J 3 MAY 2005 MELBOURNE

IN THE FEDERAL COURT OF AUSTRALIA

VICTORIA DISTRICT REGISTRY V 52 OF 2005

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

APPLICANT

AND: NESTLÉ AUSTRALIA LIMITED

RESPONDENT

JUDGE: MARSHALL J

DATE OF ORDER: 3 MAY 2005

WHERE MADE: MELBOURNE

THE COURT ORDERS THAT: 1. The application is dismissed. Note: Settlement and entry of orders is dealt with in Order 36 of the Federal Court Rules.

IN THE FEDERAL COURT OF AUSTRALIA

VICTORIA DISTRICT REGISTRY V 52 OF 2005

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