Australasian Meat Industry Employees Union v G & K O'Connor Pty Ltd [1999] FCA 1705

Australasian Meat Industry Employees Union v G & K O'Connor Pty Ltd [1999] FCA 1705

The notice and accompanying documents sufficiently informed employees that the lockout would commence on 19 August 1999 and continue from day to day until the employee made an AWA or until 1 August 2002, whichever first occurred; that the lockout would operate for the whole of each day; and that employees were not required to attend work, no work would be provided, and no wages would be paid. The notice therefore complied with Reg 30ZL(c), (d) and (e), so leave to appeal was refused.

Jurisdiction
Australia
Judgment Date
08 December 1999
Procedural Posture
Application for Leave to Appeal From an Interlocutory Judgment / Leave to Appeal
Outcome
Leave to appeal refused.
Legal Topics
['awa Industrial Action' 'lockout Notice' 'workplace Relations Regulations Reg 30 Zl' 'australian Workplace Agreements']
['employment and Industrial Law' 'workplace Relations'] ['awa Industrial Action' 'lockout Notice' 'workplace Relations Regulations Reg 30 Zl' 'australian Workplace Agreements']

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Procedural Posture

Application for Leave to Appeal From an Interlocutory Judgment / Leave to Appeal

Legal Issues

  1. 1 ['Whether the lockout notice complied with Reg 30ZL(c) by giving particulars of the proposed date or dates on which the AWA industrial action would take place.' 'Whether the lockout notice complied with Reg 30ZL(d) by giving particulars of the proposed duration of the action.' 'Whether the lockout notice complied with Reg 30ZL(e) by specifying the proposed nature and form of the action.']

Ratio Decidendi

The notice and accompanying documents sufficiently informed employees that the lockout would commence on 19 August 1999 and continue from day to day until the employee made an AWA or until 1 August 2002, whichever first occurred; that the lockout would operate for the whole of each day; and that employees were not required to attend work, no work would be provided, and no wages would be paid. The notice therefore complied with Reg 30ZL(c), (d) and (e), so leave to appeal was refused.

Court Disposition

Leave to appeal refused.

Orders

  • ['Leave to appeal is refused.']