Trevor Kenefick, Peter Diggle, Ian Cheong, Peter Hill & Bronte Nagel and Automotive Food Metals & Engineering Union v Australian Submarine Corporation Pty Ltd [1995] IRCA 368

INDUSTRIAL LAW - TERMINATION OF EMPLOYMENT - Claim of UNLAWFUL TERMINATION - REDUNDANCIES - Selection of employees to be terminated - Criteria adopted: skills, flexibility, commitment, time keeping, attitude, performance and supervisory requirement - In selection process reference made to file noting personnel who had come under notice and been counselled - Whether a process of selection that took account of performance and conduct resulted in a requirement that the affected employees be advised and afforded an opportunity to make a defence - Whether employer had onus of proving that these employees, rather than other employees in the same category, were the employees most appropriate for retrenchment - Whether process of selection meant that terminations were harsh, unjust or unreasonable. Industrial Relations Act 1988, ss.170DC, 170DE and 170EDA. No. SI. 290 of 1994 TREVOR KENEFICK and AUTOMOTIVE FOOD METALS & ENGINEERING UNION v AUSTRALIAN SUBMARINE CORPORATION PTY LTD No. SI. 292 of 1994 PETER DIGGLE and AUTOMOTIVE FOOD METALS & ENGINEERING UNION v AUSTRALIAN SUBMARINE CORPORATION PTY LTD No. SI. 293 of 1994 IAN CHEONG andAUTOMOTIVE FOOD METALS & ENGINEERING UNION v AUSTRALIAN SUBMARINE CORPORATION PTY LTD No. SI. 294 of 1994 PETER HILL andAUTOMOTIVE FOOD METALS & ENGINEERING UNION v AUSTRALIAN SUBMARINE CORPORATION PTY LTD No. SI. 295 of 1994 BRONTE NAGEL and AUTOMOTIVE FOOD METALS & ENGINEERING UNION v AUSTRALIAN SUBMARINE CORPORATION PTY LTD CORAM: WILCOX CJ PLACE: SYDNEY (HEARD IN ADELAIDE) DATE: 11 AUGUST 1995

IN THE INDUSTRIAL RELATIONS COURT ) OF AUSTRALIA ) No. SI. 290 of 1994 SOUTH AUSTRALIAN DISTRICT REGISTRY) BETWEEN: TREVOR KENEFICK First Applicant AUTOMOTIVE FOOD METALS & ENGINEERING UNION Second Applicant AND: AUSTRALIAN SUBMARINE CORPORATION PTY LTD Respondent CORAM: WILCOX CJ PLACE: SYDNEY (HEARD IN ADELAIDE) DATE: 11 AUGUST 1995 MINUTES OF ORDER THE COURT ORDERS THAT: 1. The application for review be granted. 2. The orders made by Judicial Registrar Farrell on 20 April 1995 be set aside and, in lieu thereof, it be ordered that the application be dismissed. Note: Settlement and entry of orders is dealt with in Order 36 of the Industrial Relations Court Rules.