National Fleet Network Pty Limited v Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union [2005] FCA 917

FEDERAL COURT OF AUSTRALIA

National Fleet Network Pty Limited v Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union [2005] FCA 917

INDUSTRIAL LAW – industrial action taken prior to the nominal expiry date of a certified agreement for the purpose of advancing a rehabilitation and return to work claim – certified agreement does not deal expressly with rehabilitation and return to work – whether the "no extra claims" clause deals with or covers the claim - whether the industrial action is prohibited by s 170MN(1) of the Workplace Relations Act 1996 (Cth) and is therefore not protected action

Workplace Relations Act 1996 (Cth) ss 170MJ, 170MN and 170MT

Emwest Products Pty Ltd v Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union (2002) 117 FCR 588 – distinguished Australian Industry Group v Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union (2003) 130 FCR 524 – distinguished Hawker de Havilland Aerospace Pty Ltd v Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union [2004] FCA 1648 - cited Concrete Constructions Pty Ltd v Plumbers and Gasfitters Employees' Union (No 2) (1987) 15 FCR 64 - cited NATIONAL FLEET NETWORK PTY LIMITED (ACN 094 802 141) v AUTOMOTIVE, FOOD, METALS, ENGINEERING, PRINTING AND KINDRED INDUSTRIES UNION, JOHN HAYES, DAYTON KNIGHT, KEVIN MONAGHAN, ANDREW THOMSON, DONALD TRAHAR AND DAVID PUNTON VID 654 OF 2005 MERKEL J 6 JULY 2005 MELBOURNE

IN THE FEDERAL COURT OF AUSTRALIA

VICTORIA DISTRICT REGISTRY VID 654 OF 2005

BETWEEN: NATIONAL FLEET NETWORK PTY LIMITED

(ACN 094 802 141)

APPLICANT

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

FIRST RESPONDENT

JOHN HAYES