Metal Trades Industry Association of Australia v Automotive, Food, Metals, Engineering, Printing & Kindred Industries Union [1997] FCA 1355

FEDERAL COURT OF AUSTRALIA

INDUSTRIAL LAW - application for final and interim injunction pursuant to s 127(6) and (7) of Workplace Relations Act 1996 (Cth) ("the Act") against registered organisation to enforce order of the Australian Industrial Relations Commission ("Commission") made pursuant to s 127(1) of the Act - whether the Court has a duty to ensure that Commission order is a valid order - whether Commission order is valid on the face of the order - whether Commission order too wide and uncertain - whether defect in Commission order can be remedied by the Court . Workplace Relations Act 1996 (Cth) s 127 Inner and Eastern Health Care Network v Health Services Union of Australia (Marshall J, 11 November 1997, unreported), applied Optus Networks Pty Ltd v City of Boroondara, [1997] 2 VR 318, applied METAL TRADES INDUSTRY ASSOCIATION OF AUSTRALIA v AUTOMOTIVE, FOOD, METALS, ENGINEERING, PRINTING AND KINDRED INDUSTRIES UNION VG 674 of 1997 MARSHALL J MELBOURNE 4 DECEMBER 1997

IN THE FEDERAL COURT OF AUSTRALIA

VICTORIA DISTRICT REGISTRY VG 674 of 1997

BETWEEN: METAL TRADES INDUSTRY ASSOCIATION OF AUSTRALIA

Applicant

AND: AUTOMOTIVE, FOOD, METALS, ENGINEERING, PRINTING AND KINDRED INDUSTRIES UNION

Respondent

JUDGE: MARSHALL J

DATE OF ORDER: 2 DECEMBER 1997

WHERE MADE: MELBOURNE

THE COURT ORDERS THAT:

1. The application for interim relief be dismissed. 2. The substantive application be dismissed. 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 VG 674 of 1997

BETWEEN: METAL TRADES INDUSTRY ASSOCIATION OF AUSTRALIA

Applicant

AND: AUTOMOTIVE, FOOD, METALS, ENGINEERING, PRINTING AND KINDRED INDUSTRIES UNION