Amcor Packaging (Australia) Pty Ltd v Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union [2001] FCA 874

FEDERAL COURT OF AUSTRALIA

Amcor Packaging (Australia) Pty Ltd v Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union [2001] FCA 874

INDUSTRIAL LAW – interlocutory injunction – dispute arising before expiry of certified agreement – notice of protected industrial action – whether injunction should be granted – whether Union should be ordered to send letter to members directing return to work Amcor Packaging Australia Pty Ltd v Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union [1999] VSC 434 not followed AMCOR PACKAGING (AUSTRALIA ) PTY LTD v AUTOMOTIVE, FOOD, METALS, ENGINEERING, PRINTING AND KINDRED INDUSTIRES UNION & ORS V 694 OF 2001 HEEREY J 3 JULY 2001 MELBOURNE

IN THE FEDERAL COURT OF AUSTRALIA

VICTORIA DISTRICT REGISTRY V694 OF 2001

BETWEEN: AMCOR PACKAGING (AUSTRALIA) PTY LTD

APPLICANT

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

RESPONDENT

JUDGE: HEEREY J

DATE OF ORDER: 3 JULY 2001

WHERE MADE: MELBOURNE

THE COURT ORDERS THAT: 1. The respondents (and in the case of the first respondent whether by its officers, servants, agents or employees or howsoever otherwise) be restrained, until 13 August 2001 at 4.30 p.m. or until further order, from: (a) inducing, persuading, advising, procuring or encouraging any member of the first respondent employed at the applicant's premises located at: (i) 520 Geelong Road, Brooklyn; (ii) 249 Middleborough Road, Box Hill; and (iii) 1420 Ferntree Gully Road, Scoresby – (the applicant's premises) not to perform their work in accordance with their contract of employment with the applicant; (b) taking any action, including by inducing, persuading, advising or procuring others to take any action which prevents, hinders or interferes with the applicant, or any of its employees, contractors, customers, suppliers or any other persons from gaining access to or from the applicant's premises. 2. By 2.00 p.m. on 4 July 2001 or as soon thereafter as reasonably practicable, the first respondent forward to its members employed by the applicant at the applicant's premises by pre-paid post a circular to be printed on the official letterhead of the first respondent and signed by the first respondent enclosing a copy of this Order. The applicant is to meet the cost of postage. 3. By 2.00 p.m. on 4 July 2001 or as soon thereafter as reasonably practicable, the first respondent forward by facsimile transmission to the applicant's solicitors (facsimile 9629 8488) a copy of the circular referred to in Order 2. 4. By 2.00 p.m. on 4 July 2001 or as soon thereafter as reasonably practicable, the first respondent (whether by its officers, delegates, servants, agents or howsoever otherwise): (a) duly attach a copy of this order at the gate at the front entrance to each of the applicant's premises; (b) distribute this order to all persons present at any picket line at each of the applicant's premises. 5. Until the hearing and determination of this proceeding or until further order, the respondents (and in the case of the first respondent whether by its officers, servants, agents or employees or howsoever otherwise) be restrained from countermanding or contravening the force and effect of this order. 6. By 2.00 p.m. on 6 July 2001 or as soon as reasonably practicable, the respondents file and serve an affidavit stating whether they have complied with par 2 of this order and what steps were taken in order to so comply. 7. The service of this order on all respondents be permitted by facsimile transmission to the offices of Maurice Blackburn Cashman, solicitors for the respondents (facsimile 9347 2704). 8. Liberty to apply be reserved. 9. The further directions hearing in this proceeding be otherwise adjourned to 10.15 a.m. on 13 August 2001 before the Honourable Justice Marshall. 10. By 24 July 2001 the applicant file and service a notice of change in relation to the contempt proceeding. Note: Settlement and entry of orders is dealt with in Order 36 of the Federal Court Rules.