BHP Steel Ltd v Automotive Foods Metals Engineering Printing and Kindred Industries Union [2002] FCA 719

FEDERAL COURT OF AUSTRALIA

BHP Steel Ltd v Automotive Foods Metals Engineering Printing and Kindred Industries Union [2002] FCA 719 INDUSTRIAL LAW – application for interlocutory injunction restraining union respondents from engaging in picket – where picket is not "industrial action" which falls within protection of s 170ML(2)(a) Workplace Relations Act 1996 (Cth) – where applicant is suffering real loss – whether union as distinct from union members involved in picket – whether balance of convenience in favour of granting injunction Workplace Relations Act 1996 (Cth) ss 170ML(2)(a) BHP STEEL LIMITED v AUTOMOTIVE, FOODS, METALS, ENGINEERING, PRINTING AND KINDRED INDUSTRIES UNION and ANOTHER V323 OF 2002 HEEREY J 22 MAY 2002 MELBOURNE

IN THE FEDERAL COURT OF AUSTRALIA

VICTORIA DISTRICT REGISTRY V323 OF 2002

BETWEEN: BHP STEEL LIMITED

APPLICANT

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

FIRST RESPONDENT

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

SECOND RESPONDENT

JUDGE: HEEREY J

DATE OF ORDER: 22 MAY 2002

WHERE MADE: MELBOURNE

THE COURT ORDERS THAT: 1. Until 4.30 pm on 23 May 2002 or further order the first and second respondents, whether by their officers, agents or howsoever otherwise be restrained from organising or continuing or threatening to organise or otherwise being involved in physical obstruction or physical impediment to the free movement of goods, vehicles or people to or from the premises of the applicant at Bayview Road, Hastings, in the State of Victoria. 2. Further hearing of the application and interlocutory relief be adjourned to 10.15 am on 23 May 2002. Note: Settlement and entry of orders is dealt with in Order 36 of the Federal Court Rules.