Australasian Meat Industry Employees Union v G & K O'Connor Pty Ltd [2001] FCA 72

Australasian Meat Industry Employees Union v G & K O'Connor Pty Ltd [2001] FCA 72

The respondent's undertaking not to offer AWAs does not obviate the need for interlocutory orders, as economic duress may persist and applicants would remain under pressure to seek AWAs under the respondent’s terms; variations in individual hardship do not warrant discharge; orders should be varied to exclude resigned applicants and set precise rates of pay for those remaining.

Jurisdiction
Australia
Judgment Date
12 February 2001
Procedural Posture
Industrial Law / Interlocutory Motions for Discharge/variation of Interlocutory Orders
Outcome
Interlocutory orders not discharged; varied to exclude resigned applicants and to provide for setting precise rates of pay
Legal Topics
['australian Workplace Agreements' 'injunctions' 'duress' 'remuneration Under Enterprise Agreement' 'variation/discharge of Interlocutory Orders']
['industrial Law'] ['australian Workplace Agreements' 'injunctions' 'duress' 'remuneration Under Enterprise Agreement' 'variation/discharge of Interlocutory Orders']

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Procedural Posture

Industrial Law / Interlocutory Motions for Discharge/variation of Interlocutory Orders

Legal Issues

  1. 1 ['Whether the respondent’s undertaking not to offer Australian Workplace Agreements (AWAs) obviates the need for interlocutory orders' 'Whether hardship experienced by applicants justifies discharge of interlocutory orders' 'Whether interlocutory orders should be varied to set precise rates of pay for personal applicants']

Ratio Decidendi

The respondent's undertaking not to offer AWAs does not obviate the need for interlocutory orders, as economic duress may persist and applicants would remain under pressure to seek AWAs under the respondent’s terms; variations in individual hardship do not warrant discharge; orders should be varied to exclude resigned applicants and set precise rates of pay for those remaining.

Court Disposition

Interlocutory orders not discharged; varied to exclude resigned applicants and to provide for setting precise rates of pay

Orders

  • ['Interlocutory orders continued as varied by the Full Court on 18 December 2000' 'Interlocutory orders to be varied to exclude 11th, 25th, and 28th applicants who have resigned' 'Precise rates of pay to be set for remaining personal applicants; parties to confer and propose appropriate wording of orders']