Amcor Packaging (Australia) Pty Ltd v Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union [2002] FCA 127

FEDERAL COURT OF AUSTRALIA

Amcor Packaging (Australia) Pty Ltd v Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union [2002] FCA 127 INDUSTRIAL LAW – application for interlocutory injunctions to restrain a strike and picketing – no orders are sought against the employees on strike or picketing – consideration of appropriate orders against the union Workplace Relations Act 1996 (Cth) ss 127, 127(2), 170MO and 170NC ACI Operations Pty Ltd v Automotive, Food, Metals, Engineering, Printed and Kindred Industries Union [2000] FCA 393 - cited Hayman Reese a Division of TriMas Corporation Pty Ltd v Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union (No 2) [2001] FCA 1328 - cited Skilled Engineering Limited v Automotive Food Metals Engineering and Kindred Industries Union [2001] FCA 1397 - cited AMCOR PACKAGING (AUSTRALIA) PTY LTD T/AS AMCOR FLEXIBLES AUSTRALASIA (ACN 004 275 165) v AUTOMOTIVE, FOOD, METALS, ENGINEERING, PRINTING AND KINDRED INDUSTRIES UNION V 92 OF 2002 JUDGE: MERKEL J DATE: 20 FEBRUARY 2002 PLACE: MELBOURNE

IN THE FEDERAL COURT OF AUSTRALIA

VICTORIA DISTRICT REGISTRY V 92 OF 2002

BETWEEN: AMCOR PACKAGING (AUSTRALIA) PTY LTD t/as AMCOR FLEXIBLES AUSTRALASIA (ACN 004 275 165)

APPLICANT

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

FIRST RESPONDENT

JAMES REID

SECOND RESPONDENT JUDGE: MERKEL J

DATE OF ORDER: 20 FEBRUARY 2002

WHERE MADE: MELBOURNE

UPON the applicant by its counsel having given the usual undertaking as to damages THE COURT ORDERS THAT: 1. Until further order the first respondent ("the AMWU") and the second respondent ("Reid") whether by their officers, servants, agents or howsoever otherwise, be restrained from: (a) hindering or interfering with or attempting to hinder or interfere with free access to, and egress from, the premises of the applicant ("Amcor") at 29 Bell Street, Preston ("the Preston site"); (b) inducing, procuring or advising persons not to enter into or depart from the Preston site. 2. The AMWU forthwith: (a) notify all AMWU members employed by Amcor at the Preston site that any continuation of the present strike action and picketing is not authorised by the AMWU or by any person, including Reid, acting on behalf of the AMWU; (b) request all AMWU members employed by Amcor at the Preston site that they do not hinder or interfere with free access to and departure from the Preston site and do not attempt to prevent persons from entering into or departing from the Preston site. 3. Until further order the AMWU and Reid, whether by their servants, agents, or howsoever otherwise, be restrained from inducing, procuring, advising or encouraging any members of the AMWU employed by Amcor at the Preston site from continuing their present strike action to any time up to 7.00 am on 22 February 2002. 4. By no later than noon on 21 February 2002 the AMWU cause its solicitors Maurice Blackburn Cashman, to write a letter to Clayton Utz, the solicitors for Amcor, stating the steps the AMWU has taken to comply with para 2 of this order. 5. Reserve liberty to apply.