Amcor v CFMEU & Ors; Minister for Employment and Workplace Relations v CFMEU & Ors

The High Court of Australia considered appeals in *Amcor v CFMEU & Ors* and *Minister for Employment and Workplace Relations v CFMEU & Ors*. The dispute concerned the validity of certain industrial agreements and the interpretation of provisions within the *Workplace Relations Act 1996* (Cth) relating to the certification of such agreements. The primary issue was whether the agreements, which contained provisions concerning the use of non-union labour and the payment of certain allowances, were contrary to public policy and therefore invalid.

The Court was required to determine whether the agreements, by seeking to regulate the use of non-union labour and by including specific allowance provisions, contravened the implied freedom of political communication or other public policy considerations that would render them void. Specifically, the Court had to assess whether the agreements, in their entirety or in part, were of such a nature that they could not be certified under the *Workplace Relations Act 1996* (Cth) due to their anti-competitive or restrictive nature, or their potential to undermine the objects of the Act.

The High Court, by majority, held that the agreements were not invalid. The majority reasoned that the provisions concerning non-union labour, while restrictive, did not infringe the implied freedom of political communication. They found that the agreements were essentially commercial arrangements entered into by the parties and that the restrictions on non-union labour were a matter for negotiation and agreement within the framework of industrial relations law. The Court distinguished between provisions that directly impede political communication and those that regulate industrial conduct, even if that conduct has incidental effects on the ability of non-union members to engage in certain activities. The Court also considered the allowance provisions, finding them to be within the scope of what could be agreed upon in an industrial agreement.

The appeals were allowed, and the Full Federal Court's decision was set aside. The Court declared the industrial agreements to be valid and ordered that they be certified.