Henry Walker Eltin Contracting Pty Ltd ACN 009 625 138 v Construction Forestry Mining & Energy Union [2000] FCA 831

FEDERAL COURT OF AUSTRALIA

Henry Walker Eltin Contracting Pty Ltd ACN 009 625 138 v

Construction, Forestry, Mining & Energy Union

[2000] FCA 831

HENRY WALKER ELTIN CONTRACTING PTY LTD ACN 009 625 138 v CONSTRUCTION, FORESTRY, MINING AND ENERGY UNION

Q 62 OF 2000 DRUMMOND J 19 JUNE 2000 BRISBANE

IN THE FEDERAL COURT OF AUSTRALIA

QUEENSLAND DISTRICT REGISTRY Q 62 OF 2000

BETWEEN: HENRY WALKER ELTIN CONTRACTING PTY LTD

ACN 009 625 138

APPLICANT

AND: CONSTRUCTION, FORESTRY, MINING AND ENERGY UNION

RESPONDENT

JUDGE: DRUMMOND J

DATE OF ORDER: 19 JUNE 2000

WHERE MADE: BRISBANE

UPON THE APPLICANT BY ITS SOLICITOR GIVING THE USUAL UNDERTAKING AS TO DAMAGES, THE COURT ORDERS AND DIRECTS THAT:

1. An interlocutory injunction requiring the respondent whether by itself, its servants or agents or otherwise howsoever to immediately cease and not to recommence prior to 7 am on Tuesday, 20 June 2000 any of the following with respect to the applicant's coal mines listed in Annexure "A" hereto:

(a) strike action;

(b) any ban on employees attending for and performing work in accordance with the applicable awards or certified agreements noted in Annexure "B" hereto; or

(c) directing, procuring or authorising members of the respondent or other employees of the applicant to stop performing work in accordance with the applicable awards or certified agreements listed in Annexure "B" hereto;

In respect of or in any way in connection with, the decision of the High Court in Re Pacific Coal Pty Ltd; Ex parte Construction, Forestry, Mining And Energy Union [2000] HCA 34 (15 June 2000) or the recent Award Simplification decision of the Full Bench of the Australian Industrial Relations Commission (Print S6142).

Note: Settlement and entry of orders is dealt with in Order 36 of the Federal Court Rules.