Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Automotive Food Metals Engineering Printing & Kindred Industries Union v
ACI Mould Manufacturing [1999] FCA 1859
INDUSTRIAL LAW – negotiations for new certified agreement – lockout – interlocutory injunction – validity of lockout notice – lockout notice failed to state duration of lockout period – serious question to be tried whether lockout notice valid. Workplace Relations Act 1996 (Cth): ss 170MO(5), 298K, 298L.
Lennie v Hawkes (unreported, Marshall J, 4 October 1996) considered Davids Distribution Pty Ltd v National Union of Workers [1999] FCA 1108 considered AUTOMOTIVE FOOD METALS ENGINEERING PRINTING AND KINDRED INDUSTRIES UNION v ACI OPERATIONS PTY LTD (ACN 004 230 326) TRADING AS ACI MOULD MANUFACTURING V 740 of 1999 GOLDBERG J 24 DECEMBER 1999 MELBOURNE
IN THE FEDERAL COURT OF AUSTRALIA
VICTORIA DISTRICT REGISTRY V 740 of 1999
BETWEEN: AUTOMOTIVE FOOD METALS ENGINEERING PRINTING AND KINDRED INDUSTRIES UNION
Applicant
AND: ACI OPERATIONS PTY LTD (ACN 004 230 326) trading as ACI MOULD MANUFACTURING
Respondent
JUDGE: GOLDBERG J
DATE OF ORDER: 24 DECEMBER 1999
WHERE MADE: MELBOURNE
THE COURT ORDERS THAT: UPON the applicant by its counsel undertaking to the Court: (a) to submit to such order (if any) as the Court may consider to be just for the payment of compensation to be assessed by the Court or as it may direct, to any person, whether or not a party, adversely affected by the operation of the interlocutory order hereby made or any continuation (with or without variation) thereof; and (b) to pay the compensation referred to in (a) to the person there referred to. 1. Until the hearing and determination of the proceeding or further order the respondent is restrained whether by itself, its servants or agents or otherwise howsoever from giving effect to the notice of intention to lock out its employees dated 20 December 1999, a copy of which is exhibit "BON 12" to the affidavit of Bernadette O'Neill sworn 21 December 1999. 2. The Directions Hearing be adjourned to a date to be fixed by North J. Note: Settlement and entry of orders is dealt with in Order 36 of the Federal Court Rules
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