Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Keppel Prince Engineering Pty Ltd v AFMEPKIU [2001] FCA 1637 INDUSTRIAL RELATIONS – injunctive relief sought – whether serious question to be tried - whether conduct in contravention of order of Australian Industrial Relations Commission – whether engaging in industrial action in respect of employment of employees whose employment is subject to relevant agreement or award – whether unions should be restrained from committing a tort.
Workplace Relations Act 1996 (Cth): ss 99, 127(1), 166A, 170MN
BHP Steel (AIS) Pty Ltd v Construction, Forestry, Mining and Energy Union (2000) 102 IR 275 distinguished Original Juice Co Pty Limited v Automotive Food Metals Engineering Printing & Kindred Industries Union [2001] FCA 675 referred to Hayman Reese v Automotive Food Metals Engineering Printing & Kindred Industries Union (No 2) [2001] FCA 1328 referred to KEPPEL PRINCE ENGINEERING PTY LTD v AUTOMOTIVE, FOODS, METALS, ENGINEERING, PRINTING AND KINDRED INDUSTRIES UNION & ANOR V 1175 of 2001 GOLDBERG J 14 NOVEMBER 2001 MELBOURNE
IN THE FEDERAL COURT OF AUSTRALIA
VICTORIA DISTRICT REGISTRY V 1175 of 2001
BETWEEN: KEPPEL PRINCE ENGINEERING PTY LTD
Applicant
AND: AUTOMOTIVE, FOODS, METALS, ENGINEERING, PRINTING AND KINDRED INDUSTRIES UNION
First Respondent
AUSTRALIAN WORKERS' UNION
Second Respondent
JUDGE: GOLDBERG J
DATE OF ORDER: 14 NOVEMBER 2001
WHERE MADE: MELBOURNE
THE COURT ORDERS THAT: 1. The application for interlocutory injunctions be dismissed. Note: Settlement and entry of orders is dealt with in Order 36 of the Federal Court Rules
IN THE FEDERAL COURT OF AUSTRALIA
VICTORIA DISTRICT REGISTRY V 1175 of 2001
BETWEEN: KEPPEL PRINCE ENGINEERING PTY LTD
Applicant
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