Australasian Meat Industry Employees' Union v G & K O'Connor Pty Ltd [2000] FCA 794

Australasian Meat Industry Employees' Union v G & K O'Connor Pty Ltd [2000] FCA 794

Section 170WC of the Workplace Relations Act 1996 (Cth) confers a limited immunity from suit in respect of AWA industrial action, including the respondent's lockout, and that immunity is not displaced by s170WG. When Part VID is read as a whole, s170WG does not permit legal action against a person merely because the taking of AWA industrial action may be characterised as duress. The phrase "in force in a State or Territory" includes laws applying at the relevant time in the place where the AWA industrial action occurs, including the Act in force in Victoria. Accordingly, although the lockout notices were valid, no action lay in respect of the lockout under the specified provisions.

Jurisdiction
Australia
Judgment Date
16 June 2000
Procedural Posture
Industrial Law Proceedings Concerning AWA Industrial Action and a Lockout Under the Workplace Relations Act 1996 (cth) / Determination of Preliminary Questions in Consolidated Proceedings Under Order 29 Rule 2 of the Federal Court Rules
Outcome
Preliminary question (a) answered Yes; preliminary question (b) answered No.
Legal Topics
['australian Workplace Agreements' 'awa Industrial Action' 'lockout' 'immunity From Suit' 'duress in Connection With an Awa' 'workplace Relations Act 1996 (cth)']
['industrial Law' 'statutory Construction'] ['australian Workplace Agreements' 'awa Industrial Action' 'lockout' 'immunity From Suit' 'duress in Connection With an Awa' 'workplace Relations Act 1996 (cth)']

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 1 Authorities cited 2 Party arguments 2 Amounts and remedies 1
Sign in to unlock

Procedural Posture

Industrial Law Proceedings Concerning AWA Industrial Action and a Lockout Under the Workplace Relations Act 1996 (cth) / Determination of Preliminary Questions in Consolidated Proceedings Under Order 29 Rule 2 of the Federal Court Rules

Legal Issues

  1. 1 ['Whether the respondent validly gave notice of a lockout to each of its employees pursuant to Division 8 of Part VID of the Workplace Relations Act 1996 (Cth).' 'Whether action lies in respect of a lockout effected pursuant to those notices under sections 127(6), 170VV, 170VZ, 178(1) in so far as it relates to an order under section 127, or section 298U of the Workplace Relations Act 1996 (Cth).' 'Whether the immunity in s170WC of the Workplace Relations Act 1996 (Cth) is displaced or limited by the prohibition on duress in s170WG.' 'Whether the words "in force in a State or Territory" in s170WC exclude other provisions of the Workplace Relations Act 1996 (Cth) from the immunity.']

Ratio Decidendi

Section 170WC of the Workplace Relations Act 1996 (Cth) confers a limited immunity from suit in respect of AWA industrial action, including the respondent's lockout, and that immunity is not displaced by s170WG. When Part VID is read as a whole, s170WG does not permit legal action against a person merely because the taking of AWA industrial action may be characterised as duress. The phrase "in force in a State or Territory" includes laws applying at the relevant time in the place where the AWA industrial action occurs, including the Act in force in Victoria. Accordingly, although the lockout notices were valid, no action lay in respect of the lockout under the specified provisions.

Court Disposition

Preliminary question (a) answered Yes; preliminary question (b) answered No.

Orders

  • ['Question (a) be answered "Yes".' 'Question (b) be answered "No".']