Finance Sector Union v Commonwealth Bank of Australia [2000] FCA 1372

FEDERAL COURT OF AUSTRALIA

Finance Sector Union v Commonwealth Bank of Australia [2000] FCA 1372 INDUSTRIAL RELATIONS – Australian workplace agreements – employer offering agreements – whether injury to employees or alteration of their position to their prejudice – whether employer intended to coerce employees to agree to making an agreement – whether employer made a false or misleading statement with the intention of persuading employees to make an agreement – freedom of association – whether employer induced employees to stop being members of industrial association PRACTICE AND PROCEDURE – interlocutory injunction – exercise of discretion – factors to take into account WORDS AND PHRASES – "induce", "coerce" Workplace Relations Act 1996 (Cth): Pt VID, ss 170NC, 170WG, 298K, 298M

American Cyanamid Co v Ethicon Ltd [1975] AC 396 applied Associated Newspapers Ltd v Wilson [1995] 2 AC 454 referred to Australian Workers' Union v BHP Iron Ore Pty Ltd (2000) 96 IR 422 referred to Beecham Group Ltd v Bristol Laboratories Pty Ltd (1968) 118 CLR 618 cited BHP Iron Ore Pty Ltd v Australian Workers' Union (2000) 171 ALR 680 applied Davids Distribution Pty Ltd v National Union of Workers (1999) 91 FCR 463 cited Ford Motor Co Limited v Amalgamated Union of Engineering and Foundry Workers [1969] 2 QB 303 cited Health Services Union of Australia v Tasmania (1996) 73 IR 140 cited Jumbunna Coal Mine NL v Victorian Coal Miners' Association (1908) 6 CLR 309 cited Maritime Union of Australia v Burnie Port Corporation Pty Ltd [2000] FCA 1189 followed Maritime Union of Australia v Geraldton Port Authority (1999) 93 FCR 34 applied FINANCE SECTOR UNION v COMMONWEALTH BANK OF AUSTRALIA V 716 of 2000 FINKELSTEIN J MELBOURNE 28 SEPTEMBER 2000

IN THE FEDERAL COURT OF AUSTRALIA

VICTORIA DISTRICT REGISTRY V 716 of 2000