Liquor, Hospitality and Miscellaneous Union v Coca-Cola Amatil (Aust) Pty Ltd

The case of Liquor, Hospitality and Miscellaneous Union versus Coca-Cola Amatil (Aust) Pty Ltd was heard in the Federal Circuit Court of Australia. The union sought an order to allow its members to engage in protected industrial action against Coca-Cola Amatil. The dispute arose from negotiations over a new enterprise agreement, with the union alleging that the employer had breached existing agreements and was unwilling to negotiate in good faith.

The court needed to determine whether the union had satisfied the criteria for obtaining a scope order under the Fair Work Act 2009. This involved assessing the union's evidence of the employer's conduct and whether the proposed industrial action was directly related to the negotiations over the enterprise agreement. The union argued that Coca-Cola Amatil had failed to provide information necessary for bargaining and had engaged in tactics that undermined the bargaining process. The employer, on the other hand, maintained that the union had not provided sufficient evidence to support its claims and that the proposed action was not reasonably related to the dispute.

The court found that the union had provided enough evidence to satisfy the criteria for a scope order. It was determined that the employer had indeed breached the existing agreements and had acted in bad faith during the negotiations. The court concluded that the proposed industrial action was reasonably related to the dispute and granted the union's application. This decision allowed the union's members to proceed with the planned protected action against Coca-Cola Amatil.