Australian Workers Union v John Holland Pty Ltd [2000] FCA 1483

FEDERAL COURT OF AUSTRALIA

Australian Workers Union v John Holland Pty Ltd [2000] FCA 1483

INDUSTRIAL LAW – alleged dismissal for reasons which included union membership – interlocutory injunction application – whether serious issue to be tried – whether undertaking of employer to pay wages should be accepted in lieu of interlocutory injunction directing return to work Workplace Relations Act 1996 (Cth) s 298K(1)(a)

Davids Distribution Pty Ltd v The National Union of Workers (1999) 91 FCR 463 at 501 applied AUSTRALIAN WORKERS UNION & ANOR v JOHN HOLLAND PTY LTD NO. V 758 of 2000 HEEREY J 10 OCTOBER 2000 MELBOURNE

IN THE FEDERAL COURT OF AUSTRALIA

VICTORIA DISTRICT REGISTRY V 758 of 2000

BETWEEN: AUSTRALIAN WORKERS UNION AND ANOTHER

APPLICANT

AND: JOHN HOLLAND PTY LTD

RESPONDENT

JUDGE: HEEREY J

DATE OF ORDER: 10 OCTOBER 2000

WHERE MADE: MELBOURNE

THE COURT ORDERS THAT: Upon the respondent undertaking that 1. Commencing 10 October 2000 until the hearing and determination of this application or further order, the respondent will pay Mr McGee the sum of $816.98 per week less appropriate tax deduction. 2. The respondent will not pay Mr McGee the sum referred to in par 1 during any period between 10 October and the date of trial where he is engaged in paid employment. 3. During any period Mr McGee is not engaged in paid employment he is to be available to perform work at the direction of the respondent. 4. During the period 10 October 2000 until the date of trial herein Mr McGee is not to attend any of the respondent's construction sites except at the direction of the respondent. the application for an interlocutory injunction is dismissed. Note: Settlement and entry of orders is dealt with in Order 36 of the Federal Court Rules.