PWB Anchor Ltd v Automotive, Food, Metals, Engineering, Printing & Kindred Industries Union [2000] FCA 1482

FEDERAL COURT OF AUSTRALIA

PWB Anchor Ltd v Automotive, Food, Metals, Engineering, Printing & Kindred Industries Union [2000] FCA 1482 INDUSTRIAL LAW – strike action – injunction to restrain continuation of strike – whether strike protected action – whether notice complying with s 170MO of the Workplace Relations Act 1996 (Cth) extant – continuous and indefinite strike – whether three days' notice of strike given – purpose of strike – whether notices identify action.

Workplace Relations Act 1996 (Cth): s 170ML, s 170MO

Construction, Forestry, Mining and Energy Union v Curragh Queensland Mining Ltd (unreported, Wilcox J, 30 September 1998) referred to Davids Distribution Pty Ltd v National Union of Workers (1999) 165 ALR 550 referred to Australian Paper Ltd v Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia (1998) 81 IR 15 distinguished PWB ANCHOR LTD v AUTOMOTIVE, FOOD, METALS, ENGINEERING, PRINTING & KINDRED INDUSTRIES UNION & ANOR V 792 of 2000 GOLDBERG J 13 OCTOBER 2000 MELBOURNE

IN THE FEDERAL COURT OF AUSTRALIA

VICTORIA DISTRICT REGISTRY V 792 of 2000

BETWEEN: PWB ANCHOR LTD

Applicant

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

First Respondent

AUSTRALIAN WORKERS' UNION

Second Respondent

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.