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Amcor Limited v Construction, Forestry, Mining and Energy Union
Minister for Employment and Workplace Relations v Construction, Forestry, Mining and Energy Union

[2005] HCA 10
Case number
M311/2003
M312/2003
Before
Gleeson CJ, McHugh, Gummow, Kirby, Hayne, Callinan, Heydon JJ
Catchwords

Industrial law (Cth) – Certified agreement - Corporate demerger - Business transferred to subsidiary and employees immediately re-employed on same terms and conditions - Change in identity of employer though no change in duties of employees - Whether positions in a business had become redundant and employees had been retrenched - Whether employees entitled to redundancy payments under the agreement - Relevance of termination and succession provisions of the Workplace Relations Act 1996 (Cth).

Words and phrases – "position", "business", "position in a business", "redundant", "retrench".

Workplace Relations Act 1996 (Cth) – Pts VIA, VIB, ss 149(1)(d), 170MB, 170MD.

Files
10.rtf (91.2 KB)
10.pdf (186.13 KB)