Adelaide Brighton Cement v Australian Workers Union [2002] FCA 601

FEDERAL COURT OF AUSTRALIA

Adelaide Brighton Cement v Australian Workers Union [2002] FCA 601 INDUSTRIAL LAW – industrial action – whether protection action – whether notices of intended industrial action complied with s 170MO of the Workplace Relations Act 1996 (Cth) – whether notices identified the intended action and the day when it will begin. Workplace Relations Act 1996 (Cth); ss 170ML, 170MO Davids Distribution Pty Ltd v National Union of Workers (1999) 165 ALR 550 referred to. ADELAIDE BRIGHTON CEMENT v AUSTRALIAN WORKERS UNION & OTHERS S 115 of 2002 von DOUSSA J 10 MAY 2002 ADELAIDE

IN THE FEDERAL COURT OF AUSTRALIA

SOUTH AUSTRALIA DISTRICT REGISTRY S115 OF 2002

BETWEEN: ADELAIDE BRIGHTON CEMENT

APPLICANT

AND: AUSTRALIAN WORKERS UNION AND OTHERS

RESPONDENT

JUDGE: von DOUSSA J

DATE OF ORDER: 10 MAY 2002

WHERE MADE: ADELAIDE

THE COURT DECLARES THAT:

1. All industrial action threatened by the first respondent on and after 7am on Thursday 2 May 2002 pursuant to the Notice of Intention to take Industrial Action dated 26 April 2002 is not "protected action" within the meaning of the Workplace Relations Act 1996 (Cth). 2. All industrial action threatened by the second respondent on and after 7am on Thursday 2 May 2002 pursuant to the Notice of Intention to take Industrial Action dated 26 April 2002 is not "protected action" within the meaning of the Workplace Relations Act 1996 (Cth). 3. All industrial action threatened by the third respondent on and after 7am on Thursday 2 May 2002 pursuant to the Notice of Intention to take Industrial Action dated 24 April 2002 is not "protected action" within the meaning of the Workplace Relations Act 1996 (Cth). THE COURT ORDERS THAT: 4. The first, second and third respondents, whether by themselves, their servants, agents or howsoever otherwise, are restrained from: 4.1 organising, inciting or otherwise encouraging industrial action or other action; and 4.2 continuing to organise, incite or otherwise encourage industrial action or other action; and 4.3 threatening to organise, incite or otherwise encourage industrial action or other action; pursuant to or in reliance upon the notices to the applicant dated 24 April 2002 and 26 April 2002 being exhibits KLS1 to KLS5 to the affidavit of Kathryn Leanne Spence sworn on 30 April 2002. 5. In the above declarations and orders "industrial action" means industrial action as defined by s 4 of the Workplace Relations Act 1996 (Cth) at the applicant's site located at Birkenhead in the State of South Australia on and after 7.00am on Thursday 2 May 2002. 6. Adjourn for further consideration the claims for penalties and for further relief against the fourth to seventh respondents to a date to be fixed. 7. Liberty to any party to apply on short notice. 8. Question of costs adjourned to a date to be fixed.