Automotive, Foods, Metals, Engineering, Printing and Kindred Industries Union v Thornton Engineering Australia Pty Ltd [2008] FCA 1484

Automotive, Foods, Metals, Engineering, Printing and Kindred Industries Union v Thornton Engineering Australia Pty Ltd [2008] FCA 1484

The employer, Thornton Engineering Australia Pty Ltd, contravened s 298K(1)(a) of the Workplace Relations Act 1996 (Cth) by dismissing Andrew Peter Coon and Jason Graeme Kemmis for reasons including that they were union members and that the union was seeking better industrial conditions while they were dissatisfied with their conditions. Shayne Rodney Taylor was found to have been dismissed for reasons including that the union was seeking better industrial conditions and that he was dissatisfied with his conditions, but not (on the evidence) for reasons including union membership.

Parties
First Applicant: Automotive, Foods, Metals, Engineering, Printing and Kindred Industries Union; Second Applicant: Andrew Peter Coon; Third Applicant: Jason Graeme Kemmis; Fourth Applicant: Shayne Rodney Taylor; Respondent: Thornton Engineering Australia Pty Ltd
Jurisdiction
Australia
Judgment Date
06 October 2008
Procedural Posture
Industrial Law Proceeding (contravention of the Workplace Relations Act 1996 (cth)) / Merits Judgment (contraventions Decided, Penalty/orders Adjourned)
Outcome
Declarations of contravention made for dismissals; further orders/penalties hearing adjourned.
Legal Topics
Dismissal for Prohibited Reason, Union Membership Discrimination, Reverse Onus of Proof, Collective Bargaining
Industrial Law Dismissal for Prohibited Reason Union Membership Discrimination Reverse Onus of Proof Collective Bargaining

Case Brief

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Parties

Automotive, Foods, Metals, Engineering, Printing and Kindred Industries Union

First Applicant

Andrew Peter Coon

Second Applicant

Jason Graeme Kemmis

Third Applicant

Shayne Rodney Taylor

Fourth Applicant

Thornton Engineering Australia Pty Ltd

Respondent

Procedural Posture

Industrial Law Proceeding (contravention of the Workplace Relations Act 1996 (cth)) / Merits Judgment (contraventions Decided, Penalty/orders Adjourned)

Legal Issues

  1. 1 Whether the employer dismissed employees for reasons including a prohibited reason under the Workplace Relations Act 1996 (Cth) s 298K(1)(a)
  2. 2 Whether dismissal was because of union membership (s 298L(1)(a))
  3. 3 Whether dismissal was because union was seeking better industrial conditions and the employees were dissatisfied (s 298L(1)(l))

Ratio Decidendi

The employer, Thornton Engineering Australia Pty Ltd, contravened s 298K(1)(a) of the Workplace Relations Act 1996 (Cth) by dismissing Andrew Peter Coon and Jason Graeme Kemmis for reasons including that they were union members and that the union was seeking better industrial conditions while they were dissatisfied with their conditions. Shayne Rodney Taylor was found to have been dismissed for reasons including that the union was seeking better industrial conditions and that he was dissatisfied with his conditions, but not (on the evidence) for reasons including union membership.

Court Disposition

Declarations of contravention made for dismissals; further orders/penalties hearing adjourned.

Orders

  • Declaration that respondent contravened s 298K(1)(a) by dismissing Andrew Peter Coon for reasons including union membership and seeking better industrial conditions (s 298L(1)(a) and (l))
  • Declaration that respondent contravened s 298K(1)(a) by dismissing Jason Graeme Kemmis for reasons including union membership and seeking better industrial conditions (s 298L(1)(a) and (l))