Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union v Visy Pty Ltd (No 3) [2013] FCA 525

FEDERAL COURT OF AUSTRALIA

Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union v Visy Packaging Pty Ltd (No 3) [2013] FCA 525 Citation: Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union v Visy Packaging Pty Ltd (No 3) [2013] FCA 525

Parties: AUTOMOTIVE, FOOD, METALS, ENGINEERING, PRINTING AND KINDRED INDUSTRIES UNION and JONATHAN PHILIP ZWART v VISY PACKAGING PTY LTD (ACN 095 313 723), TONY SCOTT and ROBIN STREET

File number: VID 867 of 2011

Judge: MURPHY J

Date of judgment: 29 May 2013

Catchwords: INDUSTRIAL LAW – employment – adverse action – whether suspension from employment is adverse action - whether investigation of an allegation of misconduct is adverse action - whether imposition of a final warning is adverse action - whether tagging machinery as unsafe involves an exercise of a workplace right – whether asserting a position on a health and safety issue involves an exercise of a workplace right –– consideration of onus of proof in claim of adverse action– whether employer satisfied onus of proving that reasons alleged were not reasons for the adverse action – whether decision makers were credible witnesses – accessorial liability – whether in establishing a contravention by an accessory it is necessary to establish that the accessory had knowledge of the elements of the contravention by the principal contravener. EVIDENCE - whether principles in Jones v Dunkel apply – whether cross-examination tested the honesty of reasons given in examination-in-chief – whether pleadings put witness on notice that the truth of reasons given was in issue- operation of rule in Browne and Dunn – whether breach of rule in Browne and Dunn.