ABB Australia Pty Ltd v Communications, Electrical, Electronic,.Energy, Information, Postal, Plumbing and Allied Services Union [2002] FCA 1070

FEDERAL COURT OF AUSTRALIA

ABB Australia Pty Ltd v Communications, Electrical, Electronic,

Energy, Information, Postal, Plumbing and Allied Services Union of Australia [2002] FCA 1070 INDUSTRIAL LAW – application by employers for interlocutory injunction restraining union and employees from engaging in industrial action – strike by employees alleged to be in breach of order under s 127(1) of the Workplace Relations Act 1996 made by Australian Industrial Relations Commission – whether strike in breach of s 170MN of the Act – whether applicants require certificate under s 166A(1) of the Act to bring proceedings in tort against respondents – whether serious questions to be tried Workplace Relations Act 1996 (Cth) ss 127(1), 127(6), 166A, 170MN and 170NG

Keppel Prince Engineering Pty Ltd v Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union (2001) 109 IR 436 followed

ABB AUSTRALIA PTY LTD (ACN 003 337 611) & ANOR v COMMUNICATIONS, ELECTRICAL, ELECTRONIC, ENERGY, INFORMATION, POSTAL, PLUMBING and ALLIED SERVICES UNION OF AUSTRALIA (and others according to the Schedule of Respondents)

V 551 of 2002

WEINBERG J

27 AUGUST 2002

MELBOURNE

IN THE FEDERAL COURT OF AUSTRALIA

VICTORIA DISTRICT REGISTRY V 551 OF 2002

BETWEEN: ABB AUSTRALIA PTY LTD (ACN 003 337 611)

FIRST APPLICANT

WORLEY PTY LIMITED (ACN 001 279 812)

SECOND APPLICANT

AND: COMMUNICATIONS, ELECTRICAL, ELECTRONIC, ENERGY, INFORMATION, POSTAL, PLUMBING and ALLIED SERVICES UNION OF AUSTRALIA

FIRST RESPONDENT

STEVEN BIRD

(and others according to the schedule of respondents)

SECOND TO FIFTIETH RESPONDENTS

JUDGE: WEINBERG J

DATE OF ORDER: 27 AUGUST 2002

WHERE MADE: MELBOURNE