Hawker de Havilland Aerospace Pty Ltd (ACN 103 165 466) v Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union [2005] FCA 804

Hawker de Havilland Aerospace Pty Ltd (ACN 103 165 466) v Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union [2005] FCA 804

The cross-claim does not presently disclose a reasonable cause of action under s 298K(1) or s 298M of the Workplace Relations Act, due to deficiencies in pleading and lack of particulars. However, these defects are not so fundamental as to warrant dismissal. Leave will be granted for cross-claimants to amend, informed by discovery and the terms of the SVT trust.

Parties
Applicant / Cross Respondent: Hawker de Havilland Aerospace Pty Ltd (ACN 103 165 466); First Respondent / First Cross Claimant: Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union; Second Respondent / Second Cross Claimant: The Association of Professional Engineers, Scientists and Managers, Australia
Jurisdiction
Australia
Judgment Date
17 June 2005
Procedural Posture
Motion / Interlocutory, Leave to Amend Cross Claim Granted
Outcome
Leave to amend granted; discovery ordered; directions hearing adjourned.
Legal Topics
Discriminatory Treatment, Union Membership, Certified Agreement, Trust Distributions, Procedural Strike Out, Pleading Requirements
Employment Law Industrial Relations Discriminatory Treatment Union Membership Certified Agreement Trust Distributions Procedural Strike Out Pleading Requirements

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Parties

Hawker de Havilland Aerospace Pty Ltd (ACN 103 165 466)

Applicant / Cross Respondent

Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union

First Respondent / First Cross Claimant

The Association of Professional Engineers, Scientists and Managers, Australia

Second Respondent / Second Cross Claimant

Procedural Posture

Motion / Interlocutory, Leave to Amend Cross Claim Granted

Legal Issues

  1. 1 Does the cross-claim disclose a reasonable cause of action under s 298K(1) and s 298M of the Workplace Relations Act 1996 (Cth)?
  2. 2 Has Hawker de Havilland injured or altered the positions of union employees for a prohibited reason, or induced employees to stop being union members in contravention of the Act?

Ratio Decidendi

The cross-claim does not presently disclose a reasonable cause of action under s 298K(1) or s 298M of the Workplace Relations Act, due to deficiencies in pleading and lack of particulars. However, these defects are not so fundamental as to warrant dismissal. Leave will be granted for cross-claimants to amend, informed by discovery and the terms of the SVT trust.

Court Disposition

Leave to amend granted; discovery ordered; directions hearing adjourned.

Orders

  • Each party by 15 July 2005 give discovery by filing and serving a list of categories of discoverable documents in that party's possession or power.
  • By 27 July 2005 permit inspection by the other parties of the documents so discovered.