Major Tribunal Decisions in 2004

Abstract

In their review of the major decisions of the past 12 months, the authors focus on cases which they consider had a significant impact on the business of unions. These decisions include the High Court's rulings in Electrolux, Gribbles and Amcor. These decisions have had an impact on matters which unions can seek to include in certified agreements, matters in which unions can take protected action, the extent to which unions can seek to assert the operation of previously negotiated awards on new employers and finally the meaning of redundancy in the context of company restructures. The authors also analyse decisions relating to union right of entry and approval requirements for non‐union certified agreements. The authors observe that significant industrial reforms can be expected after the re‐election of the Coalition government, and that these reforms are likely to have a further impact on the business of unions.

Post Amcor and Gribbles: A New Era for Succession of Business and Redundancy Law?

“…The stricter test also gives more certainty as to when succession will occur. 43 Nevertheless, there remains some uncertainty. It is not clear whether the majority's approach will apply to the 'trinity' in its entirety, or alternatively, whether instances of "transmission" and "assignment" of business will be subject to a differently formulated test to instances of "succession".…”