Auspine Ltd v Construction, Forestry, Mining & Energy Union [2000] FCA 501

FEDERAL COURT OF AUSTRALIA

Auspine Ltd v Construction, Forestry, Mining & Energy Union [2000] FCA 501 INDUSTRIAL LAW – interlocutory injunction sought to restrain picketing during negotiations for new industrial agreement – power of the Court to grant interlocutory injunction – s 170NG of the Workplace Relations Act 1996 (Cth) and s 23 of the Federal Court of Australia Act 1976 (Cth) – whether serious question to be tried that the respondents have been hindering or preventing access to or egress from premises of the applicant – whether serious question to be tried that conduct of the respondent amounts to picketing – whether picketing is "industrial action" and therefore "protected action" under Div 8 of the Workplace Relation Act 1996 (Cth) – whether serious question to be tried that the action was taken with intent to coerce employer to agree to making an enterprise agreement – whether balance of convenience favours granting of injunction. INDUSTRIAL LAW – negotiations for new industrial agreement – whether notice of initiation of bargaining period given – content of notices – whether notices sufficient to encompass picketing – whether serious question to be tried on that issue. Federal Court of Australia Act 1976 (Cth) s 23 Workplace Relations Act 1996 (Cth) ss 170LT, 170LX(1), 170LX(2)-(4), 170MI, 170MM, 170MO, 170MO(3)(b), 170MO(4), 170MO(5), 170NC, 170NG, Pt VIB Div 2, Pt VIB Div 3, Pt VIB Div 8 Davids Distribution Pty Ltd v the National Union of Workers (1999) 91 FCR 463 applied Burswood Resort (Management) Ltd v Australian Liquor, Hospitality and Miscellaneous Workers Union (1999) FCA 1443 applied Telstra Corporation Ltd v Community and Public Sector Union (1997) 76 IR 478 referred to The Construction, Forestry, Mining and Energy Union v Australian Industrial Relations Commission (1998) 89 FCR 2000 applied Dollar Sweets Pty Ltd v Federated Confectioners Association of Australia [1986] VR 383 applied ACI Operations v Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union [2000] FCA 393 applied Australian Workers Union v Yallourn Energy Pty Ltd [2000] FCA 65 applied AUSPINE LIMITED (ACN 004 289 730) v THE CONSTRUCTION, FORESTRY, MINING AND ENERGY UNION, COMMUNICATIONS, ELECTRICAL, ELECTRONIC, ENERGY INFORMATION, POSTAL, PLUMBING AND ALLIED SERVICES UNION OF AUSTRALIA, AUSTRALIAN MANUFACTURING WORKERS UNION AND PAUL MARTINELLA AND OTHERS S 24 OF 2000 MANSFIELD J 4 APRIL 2000 ADELAIDE