Wesfarmers Premier Coal Limited v the Automotive, Food, Metals, Engineering, Printing and kindred Industries Union (No 3) [2005] FCA 40

Wesfarmers Premier Coal Limited v the Automotive, Food, Metals, Engineering, Printing and kindred Industries Union (No 3) [2005] FCA 40

Leave to appeal was granted because the proposed appeal raised a seriously arguable case, especially on the construction of proposed agreement for the purposes of ss 170MI and 170ML, and because it was convenient and appropriate to have liability issues determined on appeal before proceeding to assessment of damages and penalties. The application for declarations concerning the July 2004 industrial action was formally dismissed to reflect the earlier reasons.

Jurisdiction
Australia
Judgment Date
01 February 2005
Procedural Posture
Application for Leave to Appeal in an Industrial Law Proceeding Concerning Declarations as to Unlawfulness of Industrial Action / Leave to Appeal From Dismissal of Declarations Concerning July 2004 Industrial Action; Assessment of Damages and Penalties Pending
Outcome
The application for declarations in respect of industrial action from 17 July 2004 to 25 July 2004 was dismissed; leave to appeal from that dismissal was granted; assessment of damages and penalties was stood over.
Legal Topics
['protected Industrial Action' 'workplace Relations Act 1996 (cth)' 'leave to Appeal' 'declarations' 'damages and Penalties' 'case Management']
['industrial Law' 'appeals'] ['protected Industrial Action' 'workplace Relations Act 1996 (cth)' 'leave to Appeal' 'declarations' 'damages and Penalties' 'case Management']

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Procedural Posture

Application for Leave to Appeal in an Industrial Law Proceeding Concerning Declarations as to Unlawfulness of Industrial Action / Leave to Appeal From Dismissal of Declarations Concerning July 2004 Industrial Action; Assessment of Damages and Penalties Pending

Legal Issues

  1. 1 ['Whether leave to appeal should be granted from the dismissal of the application for declarations in respect of industrial action from 17 July 2004 to 25 July 2004.' 'Whether there was an arguable error in finding that there was a proposed agreement within the meaning of s 170ML when the July industrial action was notified and taken.' 'Whether there was an arguable error in finding that the AMWU-Cth had made genuine attempts to reach agreement with the applicant within the meaning of s 170MP(1) before the July industrial action occurred.' 'Whether the assessment of damages and penalties should be held over pending determination of the appeal.']

Ratio Decidendi

Leave to appeal was granted because the proposed appeal raised a seriously arguable case, especially on the construction of proposed agreement for the purposes of ss 170MI and 170ML, and because it was convenient and appropriate to have liability issues determined on appeal before proceeding to assessment of damages and penalties. The application for declarations concerning the July 2004 industrial action was formally dismissed to reflect the earlier reasons.

Court Disposition

The application for declarations in respect of industrial action from 17 July 2004 to 25 July 2004 was dismissed; leave to appeal from that dismissal was granted; assessment of damages and penalties was stood over.

Orders

  • ['The application for declarations in respect of industrial action engaged in by the respondents from 17 July 2004 to 25 July 2004 is dismissed.' 'The applicant has leave to appeal from the dismissal of the application for such declarations on the grounds set out in its draft notice of appeal.' 'The assessment of...