Saint-Gobain Warehousing Pty Ltd v National Union of Workers & Ors

In the matter of Saint-Gobain Warehousing Pty Ltd v National Union of Workers & Ors, the Federal Court was presented with an application for an interim injunction to restrain union-organised picketing at the plaintiff's warehouse. The plaintiff, Saint-Gobain Warehousing, sought to prevent the defendants, the National Union of Workers and others, from continuing their picketing activities, which they claimed constituted a physical obstruction and besetting of the plaintiff's premises.

The court was required to decide whether there was a serious question to be tried regarding the physical obstruction of the plaintiff's premises by the picketers and whether there were serious questions to be tried as to whether the picketing amounted to besetting. Additionally, the court had to consider the balance of convenience and whether the interim order should be directed at the individuals involved in the picketing or solely at the union.

The court found that there were serious questions to be tried regarding both the physical obstruction and the besetting of the plaintiff's premises. The court also determined that the balance of convenience favoured the grant of an interim order. The court ultimately decided that the interim order should be directed at both the individuals involved in the picketing and the union, as the union had the ability to control and direct the actions of its members. The court granted the interim injunction, restraining the defendants from engaging in the picketing activities at the plaintiff's warehouse.