Construction, Forestry, Mining & Energy Union v Yallourn Energy Pty Ltd [2000] FCA 1070

FEDERAL COURT OF AUSTRALIA

Construction, Forestry, Mining & Energy Union v Yallourn Energy Pty Ltd [2000] FCA 1070

INDUSTRIAL LAW – Notice by Union stating industrial action is intended to be taken against employer to limit production outcomes to specified amounts - whether notice states the nature of the intended action – whether action taken in reliance upon the notice is protected action – whether anti suit injunction should be granted against employer Workplace Relations Act 1996 (Cth) ss 4(1), 170MO, 170MT, 170NC, 170ND and 170NG Australian Workers Union v Yallourn Energy Pty Ltd (2000) 95 IR 207 - applied ACI Operations Pty Ltd v Automotive Food Metals Engineering Printing and Kindred Industries Union [2000] FCA 393 - considered Davids Distribution Pty Ltd v National Union of Workers (1999) 91 FCR 463 - applied Burswood Resort (Management) Ltd v Australian Liquor, Hospitality & Miscellaneous Workers Union [1999] FCA 1443 - cited Australian Workers Union v Johnston Matthey (Aust) Ltd (2000) 171 ALR 410 - cited A1 v National Crime Authority (1996) 67 FCR 464 - cited National Crime Authority v A1 (1997) 75 FCR 274 - cited CONSTRUCTION, FORESTRY, MINING AND ENERGY UNION v YALLOURN ENERGY PTY LTD V 531 of 2000 JUDGE: MERKEL J PLACE: MELBOURNE DATE: 4 AUGUST 2000

IN THE FEDERAL COURT OF AUSTRALIA

VICTORIA DISTRICT REGISTRY V 531 OF 2000

BETWEEN: CONSTRUCTION, FORESTRY, MINING AND ENERGY UNION

APPLICANT

AND: YALLOURN ENERGY PTY LTD

(ACN 065 325 224)

RESPONDENT JUDGE: MERKEL J

DATE OF ORDER: 4 AUGUST 2000

WHERE MADE: MELBOURNE

THE COURT DIRECTS THAT within 48 hours the parties file orders that give effect to these reasons for judgment together with any written submission they wish to make in respect of those orders. Note: Settlement and entry of orders is dealt with in Order 36 of the Federal Court Rules.