Email Ltd v Automotive Food Metals Engineering Printing & Kindred Industries Union [2000] FCA 1932

FEDERAL COURT OF AUSTRALIA

Email Ltd v Automotive Food Metals Engineering Printing & Kindred Industries Union [2000] FCA 1932

INDUSTRIAL LAW – application for interlocutory injunction – alleged breaches of s 170MN of the Workplace Relations Act 1996 (Cth) ("the Act") and the law of tort – "purpose" in s 170MN refers to the dominant purposes of industrial action – s 170MN covers industrial action for claims that are contemplated to be made within a reasonably proximate period. Workplace Relations Act 1996 (Cth) s 170MN EMAIL LTD & ANOR v AUTOMOTIVE FOOD METALS ENGINEERING PRINTING & KINDRED INDUSTRIES UNION & ORS N1290 of 2000

MADGWICK J 5 DECEMBER 2000 SYDNEY

IN THE FEDERAL COURT OF AUSTRALIA

NEW SOUTH WALES DISTRICT REGISTRY N1290 OF 2000

BETWEEN: EMAIL LIMITED

FIRST APPLICANT

EMWEST PRODUCTS PTY LTD

SECOND APPLICANT

AND: AUTOMOTIVE FOOD METALS ENGINEERING PRINTING & KINDRED INDUSTRIESUNION

FIRST RESPONDENT

AUSTRALIAN WORKERS UNION

SECOND RESPONDENT

COMMUNICATIONS, ELECTRICAL, ELECTRONIC, ENERGY, INFORMATION, POSTAL, PLUMBING AND ALLIED SERVICES UNION OF AUSTRALIA

THIRD RESPONDENT

JUDGE: MADGWICK J

DATE OF ORDER: 5 DECEMBER 2000

WHERE MADE: SYDNEY

THE COURT ORDERS THAT: 1. The first and second respondents by themselves, their servants, agents be restrained from organising inciting or otherwise encouraging members of those respondents employed by the applicants at the applicants' premises referred to in Order 3 hereof, to stop work or to fail to attend for work on 6 December 2000 in accordance with the provisions of the Email National Manufacturing Agreement 1999; 2. The said respondents shall forthwith by fax and telephone calls to their delegates at the said premises, inform their members employed there that the said respondents no longer incite or encourage any failure to attend for work or stop work on 6 December 2000; and