Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Canberra Hospital v Australian Nursing Federation [2001] FCA 1473 THE CANBERRA HOSPITAL v AUSTRALIAN NURSING FEDERATION A62 OF 2001 FINN J CANBERRA 18 OCTOBER 2001
IN THE FEDERAL COURT OF AUSTRALIA
AUSTRALIAN CAPITAL TERRITORY DISTRICT REGISTRY A62 OF 2001
BETWEEN: THE CANBERRA HOSPITAL
APPLICANT
AND: AUSTRALIAN NURSING FEDERATION
RESPONDENT
JUDGE: FINN J
DATE OF ORDER: 18 OCTOBER 2001
WHERE MADE: CANBERRA
The Court notes:
(i) The undertaking given by the Australian Nursing Federation to provide notices by facsimile to particular numbers at the Canberra Hospital for the purpose of drawing the terms of this Order to the attention of its members.
(ii) The usual undertaking as to damages given by the Canberra Hospital: Practice Note 3.
THE COURT ORDERS THAT: 1. The Australian Nursing Federation be restrained (whether by its officers, delegates, employees, agents or howsoever otherwise) until 7.00a.m. on Friday 19 October 2001 from directing or continuing to direct, inducing or continuing to induce, encouraging or continuing to encourage or procuring or continuing to procure any employee of the Canberra Hospital to stop work or fail to work other than in accordance with the terms of the Certified Agreement between the Canberra Hospital, the Health Services Union of Australia and the Australian Nursing Federation, certified on 12 April 2000 for the purpose of supporting or advancing claims against the Canberra Hospital in respect of the employment of employees whose employment is subject to the Certified Agreement. 2. The Canberra Hospital shall serve a copy of this Order on such media outlets in the Canberra region as it considers appropriate for the purpose of drawing to the attention of its employees the terms of this Order. 3. The further hearing of the Application is adjourned to a date to be fixed. 4. The matter will be set down for directions on Friday 26 October 2001 at 9.15a.m. Note: Settlement and entry of orders is dealt with in Order 36 of the Federal Court Rules.
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