Australian Industry Group v Automotive, Food, Metals, Engineering, Printing & Kindred Industries Union [2003] FCAFC 183

Australian Industry Group v Automotive, Food, Metals, Engineering, Printing & Kindred Industries Union [2003] FCAFC 183

Section 170MN of the Workplace Relations Act 1996 (Cth) does not prohibit industrial action for the purpose of supporting or advancing claims in relation to matters not covered by an existing certified agreement; the prohibition is limited to matters the subject of the agreement.

Parties
Appellant: The Australian Industry Group; First Respondent: Automotive, Food, Metals, Engineering, Printing & Kindred Industries Union; Second Respondent: Emwest Products Pty Limited t/as Email Metering; Intervener: The Minister for Employment and Workplace Relations
Jurisdiction
Australia
Judgment Date
15 August 2003
Procedural Posture
Appeal / Appeal From a Judgment of a Single Judge of the Federal Court
Outcome
appeal dismissed
Legal Topics
Certified Agreements, Industrial Action, Statutory Interpretation
Industrial Law Certified Agreements Industrial Action Statutory Interpretation

Case Brief

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Parties

The Australian Industry Group

Appellant

Automotive, Food, Metals, Engineering, Printing & Kindred Industries Union

First Respondent

Emwest Products Pty Limited t/as Email Metering

Second Respondent

The Minister for Employment and Workplace Relations

Intervener

Procedural Posture

Appeal / Appeal From a Judgment of a Single Judge of the Federal Court

Legal Issues

  1. 1 Proper construction of s 170MN of the Workplace Relations Act 1996 (Cth) – whether the prohibition against industrial action applies only to matters covered by the certified agreement or extends to all aspects of employment relationship

Ratio Decidendi

Section 170MN of the Workplace Relations Act 1996 (Cth) does not prohibit industrial action for the purpose of supporting or advancing claims in relation to matters not covered by an existing certified agreement; the prohibition is limited to matters the subject of the agreement.

Court Disposition

appeal dismissed

Orders

  • The appeal be dismissed.