Automotive, Food, Metals, Engineering, Printing & Kindred Industries Union v Henry Walker Eltin Contracting Pty Ltd [2004] FCA 1274

Automotive, Food, Metals, Engineering, Printing & Kindred Industries Union v Henry Walker Eltin Contracting Pty Ltd [2004] FCA 1274

HWE's action was a lockout within s 170ML(4), but it occurred during a bargaining period and was taken for an authorised purpose, namely responding to ongoing industrial action and advancing HWE's proposals. The lockout notices left at the unions' State offices and faxed to national offices satisfied the written notice requirement in s 170MO(3)(a)(i). The individual notices handed to employees at the Yandi Village muster point were given before the employees were prevented from performing work, even if some were handed out after 5.30am, because the lockout in substance commenced only when employees were prevented from travelling to and performing work at the work site. The lockout was...

Jurisdiction
Australia
Judgment Date
30 September 2004
Procedural Posture
Application Alleging Contraventions of the Workplace Relations Act 1996 (cth) and Breach of the Yandi Operations Certified Agreement 2002 Arising From a Lockout / Final Judgment After Hearing
Outcome
Application dismissed.
Legal Topics
['lockout' 'protected Industrial Action' 'certified Agreement' 'bargaining Period' 'notice Requirements' 'service of Notices']
['workplace Relations' 'industrial Law'] ['lockout' 'protected Industrial Action' 'certified Agreement' 'bargaining Period' 'notice Requirements' 'service of Notices']

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Procedural Posture

Application Alleging Contraventions of the Workplace Relations Act 1996 (cth) and Breach of the Yandi Operations Certified Agreement 2002 Arising From a Lockout / Final Judgment After Hearing

Legal Issues

  1. 1 ['Whether HWE locked out employees from their employment within the meaning of s 170ML(3) and s 170ML(4) of the Workplace Relations Act 1996 (Cth)' 'Whether the lockout occurred during a bargaining period and was for an authorised purpose under s 170ML(3)' 'Whether HWE gave written notice of the intended lockout to the AMWU and AWU as required by s 170MO(3)(a)(i)' 'Whether HWE gave written notice to particular employees, or took other reasonable steps to notify them, before the lockout began as required by s 170MO(3)(b)(i)']

Ratio Decidendi

HWE's action was a lockout within s 170ML(4), but it occurred during a bargaining period and was taken for an authorised purpose, namely responding to ongoing industrial action and advancing HWE's proposals. The lockout notices left at the unions' State offices and faxed to national offices satisfied the written notice requirement in s 170MO(3)(a)(i). The individual notices handed to employees at the Yandi Village muster point were given before the employees were prevented from performing work, even if some were handed out after 5.30am, because the lockout in substance commenced only when employees were prevented from travelling to and performing work at the work site. The lockout was...

Court Disposition

Application dismissed.

Orders

  • ['The application be dismissed.' 'Any submissions as to costs to be filed in writing within fourteen days.']