Australasian Meat Industry Employees' Union v O'Connor [1999] FCA 617

Australasian Meat Industry Employees' Union v O'Connor [1999] FCA 617

Personal service of lockout notices is not required under the Workplace Relations Act 1996 (Cth); it is sufficient if the employer gives written notice or takes other reasonable steps to notify the employee, including reasonable attempts to serve notice at the employee's last known address. Action taken against those employees not properly notified is not protected industrial action.

Parties
First Applicant: Australasian Meat Industry Employees' Union; Second Applicant: Barry Donald Davidson; Respondent: G & K O'Connor Pty Ltd
Jurisdiction
Australia
Judgment Date
13 May 1999
Procedural Posture
Industrial Law Application Regarding Lockout / Determination of a Separate Question Following Interlocutory and Consent Orders
Outcome
Declarations granted in accordance with the Court's findings; some lockouts not protected action, others proper notice or reasonable steps established.
Legal Topics
Lockout Notices, Protected Action, Service of Notices, Reasonable Steps to Notify
Industrial Law Employment Law Lockout Notices Protected Action Service of Notices Reasonable Steps to Notify

Case Brief

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Parties

Australasian Meat Industry Employees' Union

First Applicant

Barry Donald Davidson

Second Applicant

G & K O'Connor Pty Ltd

Respondent

Procedural Posture

Industrial Law Application Regarding Lockout / Determination of a Separate Question Following Interlocutory and Consent Orders

Legal Issues

  1. 1 Whether personal service of lockout notices is required under s170MO of the Workplace Relations Act 1996 (Cth)
  2. 2 Whether the respondent took 'other reasonable steps' to notify employees of the lockout as required by the Act

Ratio Decidendi

Personal service of lockout notices is not required under the Workplace Relations Act 1996 (Cth); it is sufficient if the employer gives written notice or takes other reasonable steps to notify the employee, including reasonable attempts to serve notice at the employee's last known address. Action taken against those employees not properly notified is not protected industrial action.

Court Disposition

Declarations granted in accordance with the Court's findings; some lockouts not protected action, others proper notice or reasonable steps established.

Orders

  • Action taken by the respondent to lock out specified employees pursuant to notice dated 15 March 1999 was not protected action under the Workplace Relations Act 1996 (Cth).
  • At least 3 working days before 19 March 1999, the respondent gave specified employees written notice of the intended lockout.