Valley Power Pty Ltd v Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union

Case [2002] FCA 17


FEDERAL COURT OF AUSTRALIA

Valley Power Pty Ltd v Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union  [2002] FCA 17

INDUSTRIAL LAW – application for interlocutory injunction – subsequent return to work – whether application should be adjourned or dismissed

VALLEY POWER PTY LTD  v AUTOMOTIVE, FOOD, METALS, ENGINEERING, PRINTING AND KINDRED INDUSTRIES UNION & ORS
NO V 25 OF 2002

HEEREY J
16 JANUARY 2002
MELBOURNE


IN THE FEDERAL COURT OF AUSTRALIA

VICTORIA DISTRICT REGISTRY

V 25 OF 2002

BETWEEN:

VALLEY POWER PTY LTD
APPLICANT

AND:

AUTOMOTIVE, FOOD, METALS, ENGINEERING, PRINTING AND KINDRED INDUSTRIES UNION (“AMWU”)
FIRST RESPONDENT

THE AUSTRALIAN WORKERS’ UNION (“AWU”)
SECOND RESPONDENT

PETER RAYNER
THIRD RESPONDENT

GEORGE MERCER
FOURTH RESPONDENT

GEORGE TSOKOS
FIFTH RESPONDENT

MERVYN LOWE
SIXTH RESPONDENT

JUDGE:

HEEREY J

DATE OF ORDER:

16 JANUARY 2002

WHERE MADE:

MELBOURNE

THE COURT ORDERS THAT:

1.   The application for an interlocutory injunction be dismissed

2.   The directions hearing be adjourned to a date to be fixed before a judge of the Industrial Panel.

Note:   Settlement and entry of orders is dealt with in Order 36 of the Federal Court Rules.


IN THE FEDERAL COURT OF AUSTRALIA

VICTORIA DISTRICT REGISTRY

V 25 OF 2002

BETWEEN:

VALLEY POWER PTY LTD
APPLICANT

AND:

AUTOMOTIVE, FOOD, METALS, ENGINEERING, PRINTING AND KINDRED INDUSTRIES UNION (“AMWU”)
FIRST RESPONDENT

THE AUSTRALIAN WORKERS' UNION (“AWU”)
SECOND RESPONDENT

PETER RAYNER
THIRD RESPONDENT

GEORGE MERCER
FOURTH RESPONDENT

GEORGE TSOKOS
FIFTH RESPONDENT

MERVYN LOWE
SIXTH RESPONDENT

JUDGE:

HEEREY J

DATE:

16 JANUARY 2002

PLACE:

MELBOURNE

REASONS FOR JUDGMENT

  1. This matter came on before me today as an urgent application for an interlocutory injunction, effectively seeking orders which would require a return to work.  The matter was stood down and I am now informed by counsel for the two union respondents that there has been a return to work.  The question is what course should the proceeding take now.  Counsel for the applicant urges that I should adjourn the application for a few days because, he says, there is, these are not his words, but in essence a history of unreliability on the part of the union and the workforce representatives.  Counsel says that various issues still remain to be worked out. 

  2. However, I think it would not be correct to take that course. 

  3. The application itself, that is, the substantive application, seeks permanent relief including, amongst other things, declarations and an order for payment of penalties.  I cannot dispose of that today and that will remain on foot.  However, what is before me today is an urgent application for an interlocutory injunction premised on the fact that the workforce at the site in question remainings.  Once that state of affairs has ceased the basis for any interlocutory intervention by the Court disappears. 

  4. I do not think it would be right for the Court to adjourn the interlocutory injunction application so as to adopt some kind of supervisory role with a view to assisting in the solution of problems which may arise in the future.  That function is one for the Australian Industrial Relations Commission and not for the Court.  I think the appropriate course is simply to dismiss the application for an interlocutory injunction.  The substantive application, as I have said, remains on foot.  I think this should return to a Judge of the Industrial Panel and I will adjourn the directions hearing to a date to be fixed, as to which the parties can speak to the District Registrar.

I certify that the preceding four (4) numbered paragraphs are a true copy of the Reasons for Judgment herein of the Honourable Justice Heerey.

Associate:

Dated:            18 January 2002

Counsel for the Applicant:

Mr S Wood

Solicitor for the Applicant:

Corrs Chambers Westgarth

Counsel for the Respondent:

Ms S L Bingham

Solicitor for the Respondent:

Maurice Blackburn Cashman

Date of Hearing:

16 January 2002

Date of Judgment:

16 January 2002

Details
AGLC
Valley Power Pty Ltd v Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union [2002] FCA 17
Case
[2002] FCA 17
Decision Date

CaseChat Overview and Summary

Valley Power Pty Ltd sought an interlocutory injunction against the Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union to prevent the union from engaging in certain protected industrial action. The matter was heard in the Federal Court of Australia. The central legal issues revolved around the scope of protected industrial action under the Fair Work Act 2009 and the threshold for granting an interlocutory injunction. The court had to determine whether the union's proposed action constituted protected industrial action and whether the applicant had met the criteria necessary to justify the granting of an interlocutory injunction.

The court examined the specific provisions of the Fair Work Act and the legal tests applicable to interlocutory injunctions. It concluded that the union's action was likely to be protected under the Act, as it appeared to fall within the permissible scope of industrial action. Furthermore, the court found that the applicant had not sufficiently demonstrated the necessary balance of convenience and irreparable harm to warrant an interlocutory injunction at that stage of the proceedings. The court held that the matter should proceed to a full hearing to allow both parties to present their full cases and arguments.

Consequently, the court dismissed the application for an interlocutory injunction. The directions hearing was also adjourned to a later date to be fixed before a judge of the Industrial Panel. The court's decision underscored the importance of the preliminary legal tests in determining the admissibility of evidence and the appropriateness of interlocutory relief in industrial disputes.

Orders

Orders of the court

1. The application for an interlocutory injunction be dismissed

2. The directions hearing be adjourned to a date to be fixed before a judge of the Industrial Panel.

Background

Background to the litigation

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Evidence

Evidence Before The Court

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Decision

Reasons for decision

HEEREY J

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Ratio Decidendi

Legal Principle Established

Established by: HEEREY J

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