St Johns Ambulance Australia WA Ambulance Service Inc v Australian Liquor, Hospitality & Miscellaneous Workers Union [2002] FCA 898

FEDERAL COURT OF AUSTRALIA

St Johns Ambulance Australia WA Ambulance Service Inc v Australian Liquor, Hospitality & Miscellaneous Workers Union [2002] FCA 898 Workplace Relations Act 1996 (Cth) ss 170MI(2), 170ML, 170ML(2), 170MO, 170MO(2), 170MT, 170NC, 170NC(2), 170ND, 170ND(e), 170NE, 170NG, 170NO(5) Dr Spry's Equitable Remedies, 5th ed. 1997 at pp 402 to 403 Davids Distribution Pty Ltd v National Union of Workers (1999) 165 ALR 550 referred to National Workforce Pty Ltd v Australian Manufacturing Workers Union (No 2) (1998) 3 VR 265 referred to Patrick Stevedores Operations (No 2) Pty Ltd v Maritime Union of Australia (1998) 195 CLR 1 followed Miller v Jackson [1977] QB 966 referred to ST JOHNS AMBULANCE AUSTRALIA WA AMBULANCE SERVICE INC v AUSTRALIAN LIQUOR, HOSPITALITY & MISCELLANEOUS WORKERS UNION and JAYNE REID and EMPLOYEES LISTED IN SCHEDULE A OF THE APPLICATION W221 of 2002 RD NICHOLSON J 13 JULY 2002 PERTH

IN THE FEDERAL COURT OF AUSTRALIA

WESTERN AUSTRALIA DISTRICT REGISTRY W 221 of 2002

BETWEEN: ST JOHNS AMBULANCE AUSTRALIA

WA AMBULANCE SERVICE INC

APPLICANT

AND: AUSTRALIAN LIQUOR, HOSPITALITY & MISCELLANEOUS WORKERS UNION

FIRST RESPONDENT

JAYNE REID

SECOND RESPONDENT

EMPLOYEES LISTED IN SCHEDULE A OF THE APPLICATION

THIRD RESPONDENT

JUDGE: RD NICHOLSON J

DATE OF ORDER: 13 JULY 2002

WHERE MADE: PERTH

THE COURT ORDERS THAT: 1. The first, second and third respondents, whether by themselves, their servants, agents or howsoever otherwise, are restrained from: 1.1 engaging in, organising, inciting or otherwise encouraging industrial action; and 1.2 engaging in, continuing to organise, incite or otherwise encourage industrial action; and 1.3 engaging in, threatening to organise, incite or otherwise encourage industrial action; pursuant to or in purported reliance upon the notices to the applicant dated 8 July 2002 being exhibit AJA3 and described in paragraph 18 of the affidavit of Anthony John Ahern sworn on 13 July 2002 until noon on Thursday, 18 July 2002. 2. In the above declarations and orders "industrial action" means industrial action as defined by s 4 of the Workplace Relations Act 1996 (Cth) in the State of Western Australia on and after 2.30pm on Saturday, 13 July 2002 in the Perth Metropolitan area. 3. Adjourn for further consideration the claims for penalties and for further relief against the respondents to a date to be fixed. 4. Liberty to any party to apply on short notice. 5. Question of costs adjourned to a date to be fixed. Note: Settlement and entry of orders is dealt with in Order 36 of the Federal Court Rules.