Automotive, Foods, Metals, Engineering, Printing and Kindred Industries Union v Thornton Engineering Australia Pty Ltd [2008] FCA 1484

FEDERAL COURT OF AUSTRALIA

Automotive, Foods, Metals, Engineering, Printing and Kindred Industries Union v Thornton Engineering Australia Pty Ltd [2008] FCA 1484

INDUSTRIAL LAW – whether employer dismissed employees for a prohibited reason or for reasons which included a prohibited reason – whether employer dismissed employees because of union membership – operation of reverse onus in Workplace Relations Act 1996 (Cth) s 298V – whether applicants bore onus to prove respondent knew applicants were union members – respondent argued positive reasons for dismissal – alternative argument that reasons did not include prohibited reasons – evidence of hostile attitude to union – attempt to thwart increased union activity in workplace

INDUSTRIAL LAW – whether employer dismissed employees for a prohibited reason or for reasons which included a prohibited reason – whether employer dismissed employees because there were members of union seeking better industrial conditions and were dissatisfied with conditions – respondent argued positive reasons for dismissal – alternative argument that reasons did not include prohibited reasons – argument that conditions must be same – evidence that union and employees attempted to have union representation in the negotiation of a collective agreement – whether representation by a union in collective agreement negotiations is an industrial condition – whether subjective knowledge of dissatisfaction required – whether subjective knowledge condition precedent to operation of reverse onus in Workplace Relations Act 1996 (Cth) s 298V PRACTICE AND PROCEDURE – onus of proof – Workplace Relations Act 1996 (Cth) s 298V – whether factual foundation must be established by applicants prior to operation WORDS AND PHRASES – "industrial conditions"

Workplace Relations Act 1996 (Cth) ss 298K, 298L(1)(a), 298L(1)(l), 298T, 298U, 298V