Transfield Construction Pty Ltd v Automotive Food, Metal, Engineering, Printing and Kindred Industries Union [2002] FCA 1413

FEDERAL COURT OF AUSTRALIA

Transfield Construction Pty Ltd v Automotive Food, Metal, Engineering, Printing and Kindred Industries Union [2002] FCA 1413

INDUSTRIAL LAW – application for interim injunctions to restrain a ban on work and associated picketing – consideration of circumstances in which picketing can constitute industrial action – whether the operator of a plant under construction which is being picketed is a person affected by industrial action – consideration of role of the Court in enforcing orders of the Industrial Relations Commission – whether the grant or the refusal to grant interim relief has the practical effect of granting or refusing to grant final relief

Workplace Relations Act 1996 (Cth) ss 127, 178 and 471

Seamen's Union of Australasia v Commonwealth Steamship Owners' Association (1936) 54 CLR 626 - cited Re McHattan and Collector of Customs (NSW) (1977) 18 ALR 154 - cited Allan v Transurban Citylink Ltd (2001) 183 ALR 380 - cited Victoria v The Commonwealth (1996) 187 CLR 416 - cited Australian Paper Limited v Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia (1998) 81 IR 15 – cited ACI Operations Pty Ltd v Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union (2000) 173 ALR 109 – cited Amcor Packaging (Australia) Pty Ltd v Automotive, Food, Metals, Engineering and Kindred Industries Union [2002] FCA 127 - cited Australian Industry Group v Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union [1998] FCA 1793 - considered N.W.L. Ltd v Woods [1979] 1 WLR 1294 - cited ICI Australia Operations Pty Ltd v Trade Practices Commission (1992) 38 FCR 248 - cited Corporation of the City of Enfield v Development Assessment Commission (1999) 199 CLR 135 - cited Re Australian Railways Union; Ex parte Public Transport Corporation (1993) 117 ALR 17 - cited BHP Steel (AIS) Pty Ltd v Construction, Forestry, Mining and Energy Union (2000) 102 IR 275 – cited Construction, Forestry, Mining and Energy Union v BHP Steel (AIS) Pty Ltd [2001] FCA 1758 – cited Australian Industry Group v Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union [2000] FCA 629 - cited Hanley v Automotive, Food, Metals, Engineering, Printed and Kindred Industries Union (2000) 100 FCR 530 - cited Davids Distribution Pty Ltd v National Union of Workers (1999) 91 FCR 463 - considered Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia v Laing (1998) 89 FCR 17 – considered The Original Juice Co Pty Ltd v Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union [2001] FCA 675 - cited Seaward v Paterson (1897) 1 Ch 545 - cited Patrick Stevedores Operations No 2 Pty Ltd v Maritime Union of Australia (1998) 195 CLR 1 - cited TRANSFIELD CONSTRUCTION PTY LTD v THE AUTOMOTIVE FOOD, METAL, ENGINEERING, PRINTING AND KINDRED INDUSTRIES UNION & ORS (according to the attached schedule of respondents) AND THE MINISTER FOR EMPLOYMENT AND WORKPLACE RELATIONS - V728 OF 2002 AND BASIN OIL PTY LTD (ACN 000 628 017) v COMMUNICATIONS, ELECTRICAL, ELECTRONIC, ENERGY, INFORMATION, POSTAL, PLUMBING AND ALLIED SERVICES UNION OF AUSTRALIA & ORS (according to the attached schedule of respondents) AND THE MINISTER FOR EMPLOYMENT AND WORKPLACE RELATIONS – V729 OF 2002 MERKEL J 20 NOVEMBER 2002 MELBOURNE