Fluor Global Services Pty Ltd v Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union [2001] FCA 875

FEDERAL COURT OF AUSTRALIA

Fluor Global Services Pty Ltd v Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union [2001] FCA 875

INDUSTRIAL LAW – interlocutory injunction – threatened industrial action – form of injunction – exception for health and safety measures Workplace Relations Act 1996 (Cth) s 4(1) Occupational Health and Safety Act 1985 (Vic) s 26 Australian Paper Ltd v Communications etc Union (1998) 81 IR 15 at 24 mentioned Concrete Constructions Pty Ltd v PGEU (1987) 15 FCR 64 at 77 followed FLUOR GLOBAL SERVICES PTY LTD and ANOR v AUTOMOTIVE, FOOD, METALS, ENGINEERING, PRINTING AND KINDRED INDUSTRIES UNION V 697 OF 2001 HEEREY J 4 JULY 2001 MELBOURNE

IN THE FEDERAL COURT OF AUSTRALIA

VICTORIA DISTRICT REGISTRY V 697 OF 2001

BETWEEN: FLUOR GLOBAL SERVICES PTY LTD and ANOTHER

ACN 081 203 732

APPLICANT

AND: AUTOMOTIVE, FOOD, METALS, ENGINEERING, PRINTING AND KINDRED INDUSTRIES UNION AND OTHERS

RESPONDENTS

JUDGE: HEEREY J

DATE OF ORDER: 4 JULY 2001

WHERE MADE: MELBOURNE

THE COURT ORDERS THAT: 1. In this order "industrial action" means industrial action as defined in s 4 of the Workplace Relations Act 1996 (Cth) and does not include action taken by an employee if: (a) the action is based on a reasonable concern by the employee about an imminent risk to his or her health and safety; and (b) the employee does not unreasonably fail to comply with a direction of his or her employer to perform other available work, whether at the same or another workplace, that is safe and appropriate for the employee to perform. 2. Until the trial of the proceeding or further order the first and second respondents (and each of them), whether by themselves, their servants, agents or howsoever otherwise, are restrained from: (a) organising, inciting or otherwise encouraging industrial action; and (b) continuing to organise, incite or otherwise encourage industrial action; and (c) threatening, whether conditionally or otherwise, to organise, incite or otherwise encourage industrial action. at the Olefins site at Qenos, 471 Kororoit Creek Road, Altona in the State of Victoria. 3. Until the trial of the proceeding or further order the third to sixth respondents (and each of them), be restrained from: (a) organising, inciting or otherwise encouraging industrial action; and (b) threatening, whether conditionally or otherwise, to organise, incite or otherwise encourage industrial action at the Olefins site at Qenos, 471 Kororoit Creek Road, Altona in the State of Victoria. 4. Until the trial of the proceeding or further order the third to sixth respondents (and each of them), be restrained from: (a) engaging in industrial action; and (b) continuing to engage in industrial action; and (c) threatening, whether conditionally or otherwise, to engage in industrial action. at the Olefins site at Qenos, 471 Kororoit Creek Road, Altona in the State of Victoria. 5. Until the trial of the proceeding or further order the seventh to tenth respondents (and each of them), be restrained from: (a) organising, inciting or otherwise encouraging industrial action; and (b) continuing to organise, incite or otherwise encourage industrial action; and (c) threatening, whether conditionally or otherwise, to organise, incite or otherwise encourage industrial action at the Olefins site at Qenos, 471 Kororoit Creek Road, Altona in the State of Victoria, unless the organisation, incitement, other encouragement or the continuation or threat thereof takes place in accordance with s 26 of the Occupational Health and Safety Act 1985 (Vic). 6. Until the trial of the proceeding or further order the seventh to tenth respondents (and each of them), be restrained from: (a) engaging in industrial action; and (b) continuing to engage in industrial action; and (c) threatening, whether conditionally or otherwise, to engage in industrial action at the Olefins site at Qenos, 471 Kororoit Creek Road, Altona in the State of Victoria, unless the organisation, incitement, other encouragement or the continuation or threat thereof takes place in accordance with s 26 of the Occupational Health and Safety Act 1985 (Vic). Note: Settlement and entry of orders is dealt with in Order 36 of the Federal Court Rules.