Skilled Engineering Limited v Automotive, Food, Metals, Engineering, Printing And Kindred Industries Union [2001] FCA 1397

FEDERAL COURT OF AUSTRALIA

Skilled Engineering Limited v Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union [2001] FCA 1397

INDUSTRIAL LAW – whether union can engage in industrial action –injunction to restrain industrial action – form of injunction – "give notice" order – whether order should be made –injunction to restrain strike – whether specific performance of contract of employment Workplace Relations Act 1996 (Cth) ss 4(8) and 170MN

Australian Paper Ltd v Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia (1988) 81 IR 15 – disapproved BHP Steel (AIS) Pty Ltd v Construction, Forestry, Mining and Energy Union (2000) 102 IR 275 – followed Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia v AG Coombs Fire Protection (1998) 87 IR 110 – followed International Brotherhood of Electrical Workers' Local Union 2085 v Winnipeg Builders' Exchange (1968) 65 DLR 2d 242 – followed Kilpatrick Green Pty Ltd v Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia [1998] FCA 559 – followed Trade Practices Commission v Glo Juice Company Pty Ltd (1987) 73 ALR 407 – referred to

SKILLED ENGINEERING LIMITED v AUTOMOTIVE, FOOD, METALS, ENGINEERING, PRINTING AND KINDRED INDUSTRIES UNION and COMMUNICATIONS, ELECTRICAL, ELECTRONIC, ENERGY, INFORMATION, POSTAL, PLUMBING AND ALLIED SERVICES UNION OF AUSTRALIA V1036 of 2001 FINKELSTEIN J MELBOURNE 28 SEPTEMBER 2001

IN THE FEDERAL COURT OF AUSTRALIA

VICTORIA DISTRICT REGISTRY V 1036 of 2001

BETWEEN: SKILLED ENGINEERING LIMITED

Applicant

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