Southcorp Australia Pty Limited v Automotive, Food, Metals, Engineering, Printing & Kindred Industries Union (No 2) [2000] FCA 1481

FEDERAL COURT OF AUSTRALIA

Southcorp Australia Pty Limited v Automotive, Food, Metals, Engineering, Printing & Kindred Industries Union (No 2) [2000] FCA 1481 INDUSTRIAL LAW – picketing activities – injunction granted restraining picketing activities – further picketing by identified and unidentified people – further picketing not at suit of respondent union – joinder of unidentified people – use of photographs to identify parties.

Workplace Relations Act 1996 (Cth): s 170NC SOUTHCORP AUSTRALIA PTY LIMITED v AUTOMOTIVE, FOOD, METALS, ENGINEERING, PRINTING AND KINDRED INDUSTRIES UNION & ORS (No 2) V 788 of 2000 GOLDBERG J 13 OCTOBER 2000 MELBOURNE

IN THE FEDERAL COURT OF AUSTRALIA

VICTORIA DISTRICT REGISTRY V 788 of 2000

BETWEEN: SOUTHCORP AUSTRALIA PTY LTD

(ACN 004 213 665)

Applicant

AND: AUTOMOTIVE, FOOD, METALS, ENGINEERING, PRINTING AND KINDRED INDUSTRIES UNION

and

OTHERS (as per attached Schedules)

Respondents JUDGE: GOLDBERG J

DATE OF ORDER: 13 OCTOBER 2000

WHERE MADE: MELBOURNE

UPON the applicant by its counsel undertaking: A. to submit to such order (if any) as the Court may consider to be just for the payment of compensation, to be assessed by the Court or as it may direct, to any person, whether or not a party, adversely affected by the operation of the interlocutory order made hereunder or any continuation, with or without variation, thereof; and B. to pay the compensation referred to in (a) to the person there referred to.

THE COURT ORDERS THAT: 1. Leave be granted to the applicant to add Shane Strahan, Ivan Kremlic, Deyan Javanovic, Scott Findlay, John Schembri, Jude Francis, Mark Johnson and Pat Cutropia as the second to ninth respondents. 2. Leave be granted to the applicant to add the persons identified by the letters "A" to "H" respectively in the photograph which is Schedule B to this order (which is a copy of the exhibit MP26 of the affidavit of Michael Arnoldus Maria Pennings sworn 13 October 2000) as the tenth to seventeenth respondents. 3. Leave be granted to the applicant to add the persons identified by the letters "I" and "J" respectively in the photograph which is Schedule C to this order (which is a copy of the exhibit GW5 of the affidavit of Gavin Michael Welch sworn 13 October 2000) as the eighteenth to nineteenth respondents. 4. The applicant have leave to amend the application consequently upon such additions. 5. Until 4.00pm on 27 October 2000 or further order, the second to ninth and eighteenth and nineteenth respondents be restrained from: (a) preventing, hindering or interfering with free access to and egress from the premises of the applicant at 127 Cherry Lane, Laverton, Victoria ("the Laverton premises"); (b) abusing, threatening, besetting, harassing or intimidating any person, entering or leaving or about to enter or leave or who has entered or left the Laverton premises; (c) abusing, threatening, besetting, harassing or intimidating any person who is at the Laverton premises.