Electrolux Home Products Pty Ltd v Australian Workers Union [2001] FCA 1600

Electrolux Home Products Pty Ltd v Australian Workers Union [2001] FCA 1600

Industrial action taken in support of claims for a proposed agreement that includes a substantive, discrete and significant claim not pertaining to the employment relationship (here, the bargaining agent's fee) is not protected action under the Workplace Relations Act 1996 (Cth).

Jurisdiction
Australia
Judgment Date
14 November 2001
Procedural Posture
Application for Declaratory and Injunctive Relief / Final Hearing and Judgment
Outcome
Declaratory relief granted in favour of Electrolux. Directions given for parties to file agreed or separate forms of declaratory relief. Further hearing adjourned sine die. Electrolux entitled to further relief subject to submissions.
Legal Topics
['protected Industrial Action' 'certified Agreement' 'employee Entitlements' 'shop Stewards Access' "bargaining Agent's Fee" 'relationship Between Employer and Employee']
['industrial Law' 'employment Law'] ['protected Industrial Action' 'certified Agreement' 'employee Entitlements' 'shop Stewards Access' "bargaining Agent's Fee" 'relationship Between Employer and Employee']

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Procedural Posture

Application for Declaratory and Injunctive Relief / Final Hearing and Judgment

Legal Issues

  1. 1 ["Whether union claims for employee entitlements, shop stewards access to employer facilities, and a bargaining agent's fee payable by non-union members pertain to the relationship of employer and employee as required for certification of an agreement under Division 2 of Part VIB of the Workplace Relations Act 1996 (Cth)" 'Whether industrial action in support of claims that include a claim that does not pertain to the employment relationship is protected action under the Act']

Ratio Decidendi

Industrial action taken in support of claims for a proposed agreement that includes a substantive, discrete and significant claim not pertaining to the employment relationship (here, the bargaining agent's fee) is not protected action under the Workplace Relations Act 1996 (Cth).

Court Disposition

Declaratory relief granted in favour of Electrolux. Directions given for parties to file agreed or separate forms of declaratory relief. Further hearing adjourned sine die. Electrolux entitled to further relief subject to submissions.

Orders

  • ['Within seven days the parties file an agreed form of declaratory relief; if no agreement, file separate forms and relevant submissions.' 'Applicant to file submissions for any further relief within seven days; respondents to reply within seven days thereafter.' 'Further hearing adjourned sine die.']