Automotive, Food, Metals, Engineering, Printing & Kindred Industries Union v Electrolux Home Products Pty Limited

[2002] FCAFC 199

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Catchwords

1. Industrial Law (Cth)
2. › Certified agreements
3. › Protected action
4. › Industrial action during bargaining period
5. › Whether action for purpose of supporting or advancing claims made in respect of proposed agreement
6. › Whether certifiability of claims relevant to protected action status
7. › Workplace Relations Act 1996 (Cth), ss 170LI, 170ML(2)(e), 170MT, 170NC
1. Industrial Law (Cth)
2. › Certified agreements
3. › Scope of certifiable agreements
4. › Whether agreement must contain only terms pertaining to employment relationship
5. › Whether presence of extraneous term renders agreement incapable of certification
6. › Workplace Relations Act 1996 (Cth), s 170LI(1)

Quick Take

Union industrial action satisfies the protected action requirement if it is genuinely for the purpose of supporting claims made in respect of the proposed agreement; individual claims need not be such that, if conceded, they would result in a certifiable agreement.

Case Details

Citation[2002] FCAFC 199

CourtFCAFC

JurisdictionCommonwealth

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