National Fleet Network Pty Limited v Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union [2005] FCA 917

National Fleet Network Pty Limited v Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union [2005] FCA 917

Because the certified agreement contains a comprehensive 'no extra claims' clause covering all employment-related matters—including those not expressly dealt with—the industrial action in support of a rehabilitation and return to work claim amounts to a prohibited extra claim, thus engaging s 170MN(1) of the Workplace Relations Act 1996 (Cth) and losing protected action status.

Jurisdiction
Australia
Judgment Date
06 July 2005
Procedural Posture
Industrial Law Application / Final Hearing and Determination at First Instance
Outcome
Declarations and injunctive relief granted to prohibit the industrial action at the Portland plant, with requirement for the union to inform employees the action has been terminated.
Legal Topics
['industrial Action' 'protected Action' 'certified Agreements' 'no Extra Claims Clauses' 'injunctive Relief']
['industrial Law' 'employment Law'] ['industrial Action' 'protected Action' 'certified Agreements' 'no Extra Claims Clauses' 'injunctive Relief']

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Procedural Posture

Industrial Law Application / Final Hearing and Determination at First Instance

Legal Issues

  1. 1 ['Whether the industrial action concerning rehabilitation and return to work claims was prohibited by s 170MN(1) of the Workplace Relations Act 1996 (Cth) and therefore not protected.' "Whether a 'no extra claims' clause in the certified agreement prevented industrial action for claims not expressly dealt with in the agreement."]

Ratio Decidendi

Because the certified agreement contains a comprehensive 'no extra claims' clause covering all employment-related matters—including those not expressly dealt with—the industrial action in support of a rehabilitation and return to work claim amounts to a prohibited extra claim, thus engaging s 170MN(1) of the Workplace Relations Act 1996 (Cth) and losing protected action status.

Court Disposition

Declarations and injunctive relief granted to prohibit the industrial action at the Portland plant, with requirement for the union to inform employees the action has been terminated.

Orders

  • ['Declaration that the industrial action is not protected under the Workplace Relations Act 1996 (Cth).' 'Declaration that the industrial action is in contravention of s 170MN of the Workplace Relations Act 1996 (Cth).' 'Injunction restraining the union and respondents from imposing or maintaining any ban,...