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. 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: 19 JUNE 2000 PLACE: BRISBANE REASONS FOR JUDGMENT 1 I am prepared to grant injunctions generally in terms of the motion, but limited until 7 am in the morning, when the shifts at both Stratford and Ebenezer Mines presently affected by the strike are scheduled to end. 2 The sworn evidence is that at Ebenezer almost a full shift crew is actually on site now, but disruption is occurring because three workers who constitute the wash plant team have not attended for work. The sworn evidence is that the spokesman, as he was described by the witness, for that group of three men at Ebenezer has indicated that if the Court were, at this late hour, to grant an injunction, the wash plant team would very promptly return to work and some purpose would therefore be served by the injunction. 3 The evidence and unsworn information in relation to Stratford is not as clear. However, it is to the effect that a union delegate is actually on site at Stratford, even though no members of the shift scheduled now to be working have attended. The information is that that official, who is to be identified in an affidavit to be sworn by the solicitor for the applicants who is making this application, has indicated that he will take action with a view to ensuring, so far as he is able, that the Stratford shift which should presently be working returns to work very promptly if an injunction is now granted. 4 There is, however, no reliable evidence or information of any kind before me sufficient to justify this Court issuing injunctions which will extend beyond 7 am tomorrow, 20 June 2000. I will therefore make an order along the lines of par 2 of the application which will operate only until 7 am tomorrow. 5 I think an order in terms of par 2 with those modifications is all that is appropriate on the unsworn information and sworn evidence that is before me. That will be on your giving the usual undertaking as to damages on behalf of your client. The order will be made on those terms. I certify that the preceding five (5) numbered paragraphs are a true copy of the Reasons for Judgment herein of the Honourable Justice Drummond. Associate: Dated: 20 June 2000 Solicitor for the Applicant: Blake Dawson Waldron Date of Hearing: 19 June 2000 Date of Judgment: 19 June 2000 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 ANNEXURE "A" Coal mining sites 1. Stratford Mine 2. Ebenezer Mine 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 ANNEXURE "B" awards and certified agreements 1. Stratford Mine Award Coal Mining Industry (Production and Engineering) Consolidated Award 1997 Agreement Henry Walker Eltin Contracting - Stratford Coal Mine Certified Agreement 1999 2. Ebenezer Mine Award Coal Mining Industry (Production and Engineering) Consolidated Award 1997 Agreements Eltin Surface Mining Pty Ltd - Ebenezer Coal Contract - Certified Agreement Ebenezer Mining Company Pty Ltd Certified Agreement 1997