The Original Juice Co Pty Limited v Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union [2001] FCA 675

FEDERAL COURT OF AUSTRALIA

The Original Juice Co Pty Limited v Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union [2001] FCA 675 INDUSTRIAL LAW – application for interlocutory injunctions – industrial action – strike – picket – failure of employees to return to work – order by Australian Industrial Relations Commission under s 127(1) of the Workplace Relations Act 1996 (Cth) – alleged contraventions of s 127(5) and s 170MN of the Workplace Relations Act 1996 (Cth) and tortious conduct – whether Court jurisdiction to grant injunction under s 127(6) of the Workplace Relations Act 1996 (Cth) – whether order by Australian Industrial Relations Commission defective and void – whether industrial action in contravention of s 170MN of the Workplace Relations Act 1996 (Cth) limited to industrial action in support of or advancing claims for a certified agreement – whether cause of action in tort commenced before Commission issued certificate under s 166A(6) of the Workplace Relations Act 1996 (Cth).

Workplace Relations Act 1996 (Cth): ss 4(1), 127, 166A, 170MN

Inner and Eastern Health Care Network v Health Services Union of Australia [1997] FCA 1252 referred to Metal Trades Industry Association of Australia v Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union [1977] FCA 1335 referred to Theiss Contractors Pty Ltd v Construction, Forestry, Mining and Energy Union [1999] FCA 407 referred to Amcor Packaging (Australia) Pty Ltd v Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union (unreported, SC of Vic, 29 October 1999) referred to Email Ltd v Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union [2000] FCA 1932 referred to Concrete Constructions Pty Ltd v Plumbers and Gasfitters Employees Union (1987) 15 FCR 31 referred to THE ORIGINAL JUICE CO PTY LIMITED v AUTOMOTIVE, FOOD, METALS, ENGINEERING, PRINTING AND KINDRED INDUSTRIES UNION & ORS V 620 of 2001 GOLDBERG J 4 JUNE 2001 MELBOURNE