Kilpatrick Green Pty Ltd v The Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing & Allied Services Union of Australia & Anor [1998] FCA 559

Kilpatrick Green Pty Ltd v The Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing & Allied Services Union of Australia & Anor [1998] FCA 559

The certified agreement, properly construed, excepted from its application work at sites with a total project value in excess of $56.2 million or where a more advantageous Union site agreement applied; in those circumstances, the agreement did not apply, s 170MN was not engaged, and the Union and its officers and members were not prohibited from engaging in industrial action in support of claims for new site agreements.

Parties
Applicant: Kilpatrick Green Pty Ltd; First Respondent: The Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia; Second Respondent: Kevin Harkins
Jurisdiction
Australia
Judgment Date
28 May 1998
Procedural Posture
Application for Penalty and Injunction Under the Workplace Relations Act 1996 / Final Judgment
Outcome
Application dismissed
Legal Topics
Certified Agreements, Industrial Action, Interpretation of Enterprise Agreements, Workplace Relations Act 1996
Industrial Law Employment Law Certified Agreements Industrial Action Interpretation of Enterprise Agreements Workplace Relations Act 1996

Case Brief

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Parties

Kilpatrick Green Pty Ltd

Applicant

The Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia

First Respondent

Kevin Harkins

Second Respondent

Procedural Posture

Application for Penalty and Injunction Under the Workplace Relations Act 1996 / Final Judgment

Legal Issues

  1. 1 Whether the respondents contravened s 170MN of the Workplace Relations Act 1996 by engaging in prohibited industrial action while a certified agreement was in force.
  2. 2 Proper construction of the application clause of the Kilpatrick Green Enterprise Agreement 1997-2000.

Ratio Decidendi

The certified agreement, properly construed, excepted from its application work at sites with a total project value in excess of $56.2 million or where a more advantageous Union site agreement applied; in those circumstances, the agreement did not apply, s 170MN was not engaged, and the Union and its officers and members were not prohibited from engaging in industrial action in support of claims for new site agreements.

Court Disposition

Application dismissed

Orders

  • The amended application be dismissed.