Amcor Packaging (Australia) Pty Ltd v AMWU

In the matter of Amcor Packaging (Australia) Pty Ltd versus the Australian Manufacturing Workers' Union, the plaintiff, a packaging company, sought an interlocutory injunction to restrain the defendant union and its members from engaging in strike action that contravened their contracts of employment. The dispute came before the court on an urgent basis due to the ongoing industrial action and its impact on the plaintiff's business operations. The primary legal issue before the court was whether the plaintiff was entitled to an interlocutory injunction to prevent the strike action, which it claimed was unlawful as it violated the terms of the employees' contracts. The court had to weigh the balance of convenience in favour of either party and consider the potential consequences of granting or refusing the injunction.

The court considered the arguments presented by both parties, including the potential harm to the plaintiff if the strike action continued and the rights of the employees under their employment contracts. The court noted that strike action was a legitimate form of industrial action, but it had to be conducted within the confines of the law and the terms of the employment contracts. The court also considered the risk of the strike action spreading to other sites if the injunction was not granted. Ultimately, the court found that the balance of convenience heavily favoured the plaintiff and that the strike action was unlawful. The court made an order granting the plaintiff an interlocutory injunction to restrain the defendant union and its members from engaging in the unlawful strike action at all of the plaintiff's sites.

The court's order was made with appropriate undertakings as to damages and was not limited to the first and second-named defendants or to the site at Thomastown. The court's decision was based on the principle that the balance of convenience favoured the grant of the injunction and that the strike action was unlawful as it contravened the terms of the employees' contracts. The court's order was intended to protect the plaintiff's business operations and to prevent the spread of the strike action to other sites. The court's decision was in line with the observations of Brooking, J. in Ansett Transport Industries (Operations) Pty Ltd & Ors v. Australian Federation of Air Pilots & Ors (1991) 1 V.R. 637, where His Honour held that the balance of convenience was an important consideration in deciding whether to grant an interlocutory injunction.