PWB Anchor Ltd v Automotive, Food, Metals, Engineering, Printing & Kindred Industries Union (No 2) [2000] FCA 1491

FEDERAL COURT OF AUSTRALIA

PWB Anchor Ltd v Automotive, Food, Metals, Engineering, Printing & Kindred Industries Union (No 2) [2000] FCA 1491 INDUSTRIAL LAW – strike action – bans on loading of trucks – injunction to restrain bans on loading of trucks – bans pursuant to notices of industrial action – lapse of time between issuing notices and bans – whether bans protected action – whether bans had an effect on three days' notice of indefinite strike – ability to take defensive action.

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

Davids Distribution Pty Ltd v National Union of Workers (1999) 165 ALR 550 referred to PWB ANCHOR LTD v AUTOMOTIVE, FOOD, METALS, ENGINEERING, PRINTING & KINDRED INDUSTRIES UNION & ANOR (No 2) V 792 of 2000 GOLDBERG J 18 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: 18 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. Pending the trial of the proceeding or further order, the respondents and each of them be restrained whether by their officers, agents or otherwise howsoever from taking, continuing to take or threatening to take any industrial action, or inducing, procuring or advising any employee of the applicant to take, continue to take or threaten to take any industrial action, in the nature of bans upon the loading of trucks or bans on the dispatching of finished or part finished product pursuant to, or in reliance upon, the notices to the applicant dated 11 September 2000 being exhibits MUH 4 and MUH 5 to the affidavit of Michael Ulf Homann sworn 13 October 2000. 2. The respondents use their best endeavours to bring the terms of this order to the notice of those employees of the applicant who are members of the respondents, by 9.00am on 19 October 2000.