Transfield Pty Ltd v Automotive, Food, Metals, Engineering, Printing & Kindred Industries Union [2001] FCA 1533

FEDERAL COURT OF AUSTRALIA

Transfield Pty Ltd v Automotive, Food, Metals, Engineering, Printing & Kindred Industries Union [2001] FCA 1533

INDUSTRIAL LAW – Application for interlocutory injunctive relief – where employees purportedly engaged in protected action for the purposes of the Workplace Relations Act -where employer claims that the claim sought to be advanced by the industrial action is not a matter which relates to the relationship between employer and employee – where an earlier formulation of the claim was already the subject of orders and decision in the Australian Industrial Relations Commission.

TRANSFIELD PTY LTD (ACN 000 854 688) v AUTOMOTIVE, FOOD, METALS, ENGINEERING, PRINTNG AND KINDRED INDUSTRIES UNION, COMMUNICATIONS, ELECTRICAL, ELECTRONIC, ENERGY, INFORMATION, POSTAL, PLUMBING AND ALLIED SERVICES UNION OF AUSTRALIA, COVERFORCE PTY LTD (ACN 067 079 261) and MANUSAFE NOMINEES PTY LTD (ACN 091 968 124) N1461 OF 2001 MOORE J 31 OCTOBER 2001 SYDNEY

IN THE FEDERAL COURT OF AUSTRALIA

NEW SOUTH WALES DISTRICT REGISTRY N 1461 OF 2001

BETWEEN: TRANSFIELD PTY LTD

(ACN 000 854 688)

APPLICANT

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

FIRST RESPONDENT

COMMUNICATIONS, ELECTRICAL, ELECTRONIC, ENERGY, INFORMATION, POSTAL, PLUMBING AND ALLIED SERVICES UNION OF AUSTRALIA

SECOND RESPONDENT

COVERFORCE PTY LTD

(ACN 067 079 261)

THIRD RESPONDENT

MANUSAFE NOMINEES PTY LTD

(ACN 091 968 124)

FOURTH RESPONDENT

JUDGE: MOORE J

DATE OF ORDER: 31 OCTOBER 2001

WHERE MADE: SYDNEY

THE COURT ORDERS THAT: 1. The application for interlocutory injunctive relief be dismissed. 2. Costs of the application be reserved. 3. The application be stood over for directions at 9.30am on 5 November 2001. Note: Settlement and entry of orders is dealt with in Order 36 of the Federal Court Rules.