Amcor Limited v Construction, Forestry, Mining and Energy Union [2005] HCA 10

HIGH COURT OF AUSTRALIA

GLEESON CJ,

McHUGH, GUMMOW, KIRBY, HAYNE, CALLINAN AND HEYDON JJ

Matter No M311/2003

AMCOR LIMITED APPELLANT

AND

CONSTRUCTION, FORESTRY, MINING AND

ENERGY UNION & ORS RESPONDENTS

Matter No M312/2003

MINISTER FOR EMPLOYMENT AND

WORKPLACE RELATIONS APPELLANT

AND

CONSTRUCTION, FORESTRY, MINING AND

ENERGY UNION & ORS RESPONDENTS

Amcor Limited v Construction, Forestry, Mining and Energy Union Minister for Employment and Workplace Relations v Construction, Forestry, Mining and Energy Union

[2005] HCA 10

9 March 2005

M311/2003 & M312/2003

ORDER

Matter No M311/2003

1. Appeal allowed.

2. Set aside the order of the Full Court of the Federal Court of Australia made on 28 March 2003 and in its place order:

(a) the appeal to that Court is allowed;

(b) set aside the orders of Finkelstein J made on 12 July 2002 and in their place order that the application is dismissed.

Matter No M312/2003

Appeal allowed.

On appeal from the Federal Court of Australia

Representation:

A C Archibald QC with R J Buchanan QC and M F Wheelahan for Amcor Limited in both matters (instructed by Allens Arthur Robinson)

S C Rothman SC with S J Howells for the first and second respondents in both matters (instructed by Ryan Carlisle Thomas)

R R S Tracey QC with J L Bourke for the Minister for Employment and Workplace Relations in both matters (instructed by Phillips Fox)

Notice: This copy of the Court's Reasons for Judgment is subject to formal revision prior to publication in the Commonwealth Law Reports.

CATCHWORDS

Amcor Ltd v Construction, Forestry, Mining and Energy Union;

Minister for Employment and Workplace Relations v Construction, Forestry, Mining and Energy Union

Industrial law (Cth) – Certified agreement – Corporate demerger – Business transferred to subsidiary and employees immediately re-employed on same terms and conditions – Change in identity of employer though no change in duties of employees – Whether positions in a business had become redundant and employees had been retrenched – Whether employees entitled to redundancy payments under the agreement – Relevance of termination and succession provisions of the Workplace Relations Act 1996 (Cth).