ACI Operations Pty Ltd v Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union

In the case of ACI Operations Pty Ltd v Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union, the applicant sought injunctive relief against the respondents, who were employees of the AMWU, as well as the AMWU itself. The dispute arose from the respondents' alleged unlawful industrial action, specifically picketing, which the applicant contended was intended to coerce the applicant into agreeing to certain terms of a proposed new enterprise agreement. The applicant argued that the respondents' actions contravened section 170NC of the Australian Workplace Relations Act 1996 (Cth). The matter was heard by the Federal Court of Australia.

The primary legal issue before the Court was whether the respondents' picketing constituted unlawful industrial action under section 170NC of the Act. The Court had to determine whether the respondents' actions were intended to coerce the applicant to agree to the terms of a new enterprise agreement, thereby falling outside the protection of the Act. Another key issue was the appropriate scope of injunctive relief that the Court should grant in response to the alleged unlawful industrial action.

The Court found that the Act provides a detailed framework outlining lawful and unlawful conduct during a bargaining period. The Court held that where a party can demonstrate that another party has engaged in unlawful conduct, they are entitled to seek injunctive relief in accordance with established principles, including the legislative policy considerations. The fact that the conduct related to an industrial dispute or the relief might restrain industrial action did not affect the entitlement to injunctive relief. The Court concluded that the respondents' picketing constituted unlawful industrial action as it involved physical obstruction or impediment of persons or goods to or from the applicant's premises, which was related to the industrial dispute. Consequently, the Court granted injunctive relief against the AMWU and its officials, including the State Secretary, restraining them from picketing involving the physical obstruction or impediment of persons or goods to or from the applicant's premises or those of its customers. The Court refused the applicant's application for injunctive relief against the respondent employees.

The Court ordered that the AMWU and its officials, including the State Secretary, were restrained from picketing which involved the physical obstruction or impediment of persons or goods to or from the premises of ACI or any of its customers, which was related to the industrial dispute between ACI and its employees at the Box Hill plant. The Court otherwise refused the applicant's application for injunctive relief against the respondent employees.