Adlam, Carolyn Jennifer v Noack, Paul & Anor [1998] FCA 898

FEDERAL COURT OF AUSTRALIA Industrial Law - application for order to observe and perform rules of organisation - interim order pending trial - applicant and first respondent elected officials - allegation of harassment including sexual harassment of applicant by first respondent - whether inconsistent with exercise of powers and functions of first respondent under the Rules to make interim order restricting communication between applicant and first respondent

Workplace Relations Act 1966, s 209 Matter No. SG 91 of 1998 CAROLYN JENNIFER ADLAM v PAUL NOACK and DOUGLAS CAMERON VON DOUSSA J ADELAIDE 22 JULY 1998

IN THE FEDERAL COURT OF AUSTRALIA

SOUTH AUSTRALIA DISTRICT REGISTRY SG 91 of 1998

BETWEEN: carolyn jennifer adlam

Applicant

AND: paul noack and douglas cameron

Respondents

JUDGE: VON DOUSSA J

DATE OF ORDER: 22 july 1998

WHERE MADE: ADELAIDE

Upon an undertaking being given by the respondent Douglas Cameron that he will: (a) instruct the South Australian Branch President, Mr Ian Curry, of The Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union ("the Union") to liaise with the South Australian Assistant State Secretary of the Union, Mr Rod Parham, and with him to take responsibility for administrative duties concerning the South Australian Branch of the Technical and Supervisory Division of the Union during the currency of interim orders herein; and (b) to extend the instructions given pursuant to order 2 of the interim orders made herein on 16 July 1998 to run for the duration of interim orders herein IT IS ORDERED THAT: 1. Subject to order 3 hereof, pending the hearing the determination of the rule to show cause the respondent Paul Noack refrain from communicating with the applicant in any way whether at work or at home or at any other place otherwise than in writing delivered to the applicant by a third party. 2. Pending the hearing and determination of the rule to show cause the respondent Paul Noack refrain from performing or seek to perform any administrative duties in relation to or concerning either the Technical and Supervisory Division of the Union or the applicant. 3. The preceding two orders shall not prevent the respondent Paul Noack from attending meetings that he is entitled to attend in his capacity as State Secretary of the Union under the rules of the Union and participating in the business of such meetings in the ordinary way. 4. Pending the hearing and determination of the rule to show cause the respondent Paul Noack shall not engage in any conduct calculated to harass the applicant and shall not encourage, instruct, authorise or incite any person to engage in any act or behaviour calculated to harass the applicant. 5. Further consideration of these proceedings adjourned to 6. Liberty to all parties and the Union to apply on 3 days notice. Note: Settlement and entry of orders is dealt with in Order 36 of the Federal Court Rules.