Liquor Hospitality and Miscellaneous Union v Arnotts Biscuits Limited [2010] FCA 770

FEDERAL COURT OF AUSTRALIA

Liquor Hospitality and Miscellaneous Union v Arnotts Biscuits Limited [2010] FCA 770 Citation: Liquor Hospitality and Miscellaneous Union v Arnotts Biscuits Limited [2010] FCA 770

Parties: LIQUOR HOSPITALITY AND MISCELLANEOUS UNION v ARNOTTS BISCUITS LIMITED

File number: QUD 304 of 2009

Judge: LOGAN J

Date of judgment: 23 July 2010

Catchwords: INDUSTRIAL LAW – Certified Agreement – Alleged coercion of persons to vary contract of employment by accepting an offer – Whether offer of suspension of employment as alternative to termination amounts to "intent to coerce" – Consideration of what amounts to coercion – Whether applicant had been denied workplace right by offer of suspension of employment as alternative to termination – Where suspension not available under Certified Agreement – Fair Work Act 2009 (Cth) ss 340, 341, 342 and 343 – Whether respondent took adverse action against employees – Whether adverse action taken in breach of a workplace right

Legislation: Evidence Act 1995 (Cth)s 140 Fair Work Act 2009 (Cth)ss 3, 12, 123, 340, 341, 342, 343, 360, 361, 524, 534, 789 Workplace Relations Act 1996 (Cth) ss 170NC, 400 Industrial Relations Act 1999 (Qld) Truck Act 1896 (UK) s 1 Fair Work Regulations 2009 (Cth) reg 1.07

Cases cited: Barclay v Board of Bendigo Regional Institute of Technical and Further Education (2010) 193 IR 251 cited Bird v British Celanese Ltd [1945] KB 336 cited Briginshaw v Briginshaw (1938) 60 CLR 336 cited Finance Sector Union v Commonwealth Bank of Australia (2000) 106 FCR 16 considered Finance Sector Union v Commonwealth Bank of Australia (2000) 106 IR 139 considered General Motors Holden Pty Ltd v Bowling (1976) 12 ALR 605 cited McLean v Tedman (1984) 155 CLR 306 cited National Tertiary Education Industry Union v Commonwealth of Australia (2002) 117 FCR 114 applied