Auspine Ltd v Construction, Forestry, Mining & Energy Union

[2000] FCA 501

FEDERAL COURT OF AUSTRALIA

Auspine Ltd v Construction, Forestry, Mining & Energy Union [2000] FCA 501

INDUSTRIAL LAW – interlocutory injunction sought to restrain picketing during negotiations for new industrial agreement – power of the Court to grant interlocutory injunction – s 170NG of the Workplace Relations Act 1996 (Cth) and s 23 of the Federal Court of Australia Act 1976 (Cth) – whether serious question to be tried that the respondents have been hindering or preventing access to or egress from premises of the applicant – whether serious question to be tried that conduct of the respondent amounts to picketing – whether picketing is “industrial action” and therefore “protected action” under Div 8 of the Workplace Relation Act 1996 (Cth) – whether serious question to be tried that the action was taken with intent to coerce employer to agree to making an enterprise agreement – whether balance of convenience favours granting of injunction.

INDUSTRIAL LAW – negotiations for new industrial agreement – whether notice of initiation of bargaining period given – content of notices – whether notices sufficient to encompass picketing – whether serious question to be tried on that issue.

Federal Court of Australia Act 1976 (Cth) s 23

Workplace Relations Act 1996 (Cth) ss 170LT, 170LX(1), 170LX(2)-(4), 170MI, 170MM, 170MO, 170MO(3)(b), 170MO(4), 170MO(5), 170NC, 170NG, Pt VIB Div 2, Pt VIB Div 3, Pt VIB Div 8

Davids Distribution Pty Ltd v the National Union of Workers (1999) 91 FCR 463 applied

Burswood Resort (Management) Ltd v Australian Liquor, Hospitality and Miscellaneous Workers Union (1999) FCA 1443 applied

Telstra Corporation Ltd v Community and Public Sector Union (1997) 76 IR 478 referred to

The Construction, Forestry, Mining and Energy Union v Australian Industrial Relations Commission (1998) 89 FCR 2000 applied

Dollar Sweets Pty Ltd v Federated Confectioners Association of Australia [1986] VR 383 applied

ACI Operations v Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union [2000] FCA 393 applied

Australian Workers Union v Yallourn Energy Pty Ltd [2000] FCA 65 applied

AUSPINE LIMITED (ACN 004 289 730) v
THE CONSTRUCTION, FORESTRY, MINING AND ENERGY UNION,
COMMUNICATIONS, ELECTRICAL, ELECTRONIC, ENERGY INFORMATION, POSTAL, PLUMBING AND ALLIED SERVICES UNION OF AUSTRALIA,
AUSTRALIAN MANUFACTURING WORKERS UNION
AND
PAUL MARTINELLA AND OTHERS

S 24 OF 2000

MANSFIELD J
4 APRIL 2000
ADELAIDE

IN THE FEDERAL COURT OF AUSTRALIA
SOUTH AUSTRALIA DISTRICT REGISTRY	S 24 OF 2000

BETWEEN:

AUSPINE LIMITED
(ACN 004 289 730)
Applicant

AND:

THE CONSTRUCTION, FORESTRY, MINING AND
ENERGY UNION
First Respondent

COMMUNICATIONS, ELECTRICAL, ELECTRONIC, ENERGY INFORMATION, POSTAL, PLUMBING AND ALLIED SERVICES UNION OF AUSTRALIA
Second Respondent

AUSTRALIAN MANUFACTURING WORKERS UNION
Third Respondent

PAUL MARTINELLA AND OTHERS
Fourth Respondents

JUDGE:	MANSFIELD J
DATE OF ORDER:	4 APRIL 2000
WHERE MADE:	ADELAIDE

THE COURT ORDERS THAT:

1.Upon Auspine by its counsel giving the usual undertaking as to damages, I order that the respondents, by themselves or their servants, members or agents, be restrained from engaging in conduct in concert with others and with each other that hinders or prevents the…