Electrolux Home Products Pty Ltd v Australian Workers Union [2001] FCA 1840

Electrolux Home Products Pty Ltd v Australian Workers Union [2001] FCA 1840

The industrial action taken by the unions on 14, 21 and 22 September 2001 was not protected action under s 170ML, as claims for employee entitlements and shop steward’s access did pertain to the employment relationship, but the bargaining agent’s fee claim did not. Therefore, the action breached s 170NC(1) of the Act.

Parties
Applicant: Electrolux Home Products Pty Ltd; First Respondent: Australian Workers Union; Second Respondent: Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia; Third Respondent: Automotive, Food, Metal, Engineering, Printing and Kindred Industries Union; Fourth Respondent: Jim Watson; Fifth Respondent: Dave Oliver; Sixth Respondent: Robert Johnston; Seventh Respondent: Robert Geraghty
Jurisdiction
Australia
Judgment Date
20 December 2001
Procedural Posture
Originating Application for Declaratory Relief / Final Judgment and Orders
Outcome
declaratory relief granted, proceeding otherwise dismissed
Legal Topics
Protected Industrial Action, Declaratory Relief, Matters Pertaining to Employment Relationship
Industrial Law Protected Industrial Action Declaratory Relief Matters Pertaining to Employment Relationship

Case Brief

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Parties

Electrolux Home Products Pty Ltd

Applicant

Australian Workers Union

First Respondent

Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia

Second Respondent

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

Third Respondent

Jim Watson

Fourth Respondent

Dave Oliver

Fifth Respondent

Robert Johnston

Sixth Respondent

Robert Geraghty

Seventh Respondent

Procedural Posture

Originating Application for Declaratory Relief / Final Judgment and Orders

Legal Issues

  1. 1 whether industrial action taken by unions was 'protected action' under the Workplace Relations Act 1996 (Cth)
  2. 2 whether the industrial action breached s 170NC(1) of the Workplace Relations Act 1996 (Cth)
  3. 3 whether the bargaining agent’s fee claim pertained to the employer-employee relationship

Ratio Decidendi

The industrial action taken by the unions on 14, 21 and 22 September 2001 was not protected action under s 170ML, as claims for employee entitlements and shop steward’s access did pertain to the employment relationship, but the bargaining agent’s fee claim did not. Therefore, the action breached s 170NC(1) of the Act.

Court Disposition

declaratory relief granted, proceeding otherwise dismissed

Orders

  • Declaration that industrial action taken by the first respondent on specified dates was not protected action within s 170ML of the Workplace Relations Act 1996 (Cth) and breached s 170NC(1).
  • Declaration that industrial action taken by the second respondent on specified dates was not protected action within s 170ML of the Workplace Relations Act 1996 (Cth) and breached s 170NC(1).