Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
ACI Operations Pty Ltd v Automotive Food Metals Engineering Printing & Kindred Industries Union [2000] FCA 393
INDUSTRIAL LAW – picketing involving physical obstruction of goods and persons – whether picketing was carried out with intention to coerce an employer to agree to a new or varied enterprise agreement – whether any special principle applies to interlocutory injunctions in industrial litigation Australian Workplace Relations Act 1996 (Cth) – ss 170NC and 170NG Australian Paper Limited v CEPU (1998) 81 IR 15 – considered David's Distribution Pty Ltd v National Union of Workers (1999) 165 ALR 550 - considered Australian Workers Union v Yallourn Energy Pty Ltd [2000] FCA 65 – applied Blyth Chemicals Ltd v Bushnell (1933) 49 CLR 66 - cited ACI OPERATIONS PTY LTD v AUTOMOTIVE FOOD METALS ENGINEERING PRINTING AND KINDRED INDUSTRIES UNION AND OTHERS V 136 of 2000 JUDGE: MERKEL J DATE: 30 MARCH 2000 PLACE: MELBOURNE
IN THE FEDERAL COURT OF AUSTRALIA
VICTORIA DISTRICT REGISTRY V 136 of 2000
BETWEEN: ACI OPERATIONS PTY LTD (ACN 004 230 326)
APPLICANT
AND: AUTOMOTIVE FOOD METALS ENGINEERING PRINTING AND KINDRED INDUSTRIES UNION AND OTHERS
RESPONDENTS JUDGE: MERKEL J
DATE OF ORDER: 30 MARCH 2000
WHERE MADE: MELBOURNE
Upon the applicant by its counsel giving the usual undertaking as to damages the Court orders that: 1. Until the trial of the proceeding or further order the first and the second respondents, whether by themselves, their servants, agents or howsoever otherwise, be restrained from organising or continuing or threatening to organise or being otherwise involved in physical obstruction or a physical impediment to the free movement of goods or people to and from the business premises of the applicant or its customers where the purpose, or a purpose, of that conduct is to support or assist employees of the applicant's Box Hill plant in relation to any aspect of their industrial dispute with the applicant. 2. The applicant's claim for interlocutory relief is otherwise refused.
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