SITA Australia Pty Limited ACN 002 902 650 v Transport Workers' Union of Australia ABN 80 519 643 130 [2002] FCA 1593

FEDERAL COURT OF AUSTRALIA

SITA Australia Pty Limited ACN 002 902 650 v Transport Workers' Union of Australia ABN 80 519 643 130 [2002] FCA 1593

INJUNCTION - injunctive relief sought in respect of stop-work action by employees of applicant who are members of the respondent union

Workplace Relations Act 1996 (Cth) s 127

BHP Steel (AIS) Pty Ltd v Construction, Forestry, Mining and Energy Union (2000) 102 IR 275 distinguished SITA AUSTRALIA PTY LIMITED (formerly known as PWM AUSTRALIA PTY LIMITED) ACN 002 902 650 v TRANSPORT WORKERS' UNION OF AUSTRALIA ABN 80 519 643 130 and HUGHIE WILLIAMS Q 195 OF 2002

DRUMMOND J 17 DECEMBER 2002 BRISBANE

IN THE FEDERAL COURT OF AUSTRALIA

QUEENSLAND DISTRICT REGISTRY Q 195 OF 2002

BETWEEN: SITA AUSTRALIA PTY LIMITED (formerly known as PWM AUSTRALIA PTY LIMITED) ACN 002 902 650

APPLICANT

AND: TRANSPORT WORKERS' UNION OF AUSTRALIA

ABN 80 519 643 130

FIRST RESPONDENT

HUGHIE WILLIAMS

SECOND RESPONDENT

JUDGE: DRUMMOND J

DATE OF ORDER: 17 DECEMBER 2002

WHERE MADE: BRISBANE

THE COURT ORDERS THAT:

1. An injunction issue restraining until 4.00 pm on 20 December 2002 the first respondent by its officers, employees, delegates and agents, respectively, including the second respondent, from engaging in, directing, encouraging or inciting any strike, stop-work meeting, overtime bans or any other restriction, ban or limitation on the performance of work by any employee of the applicant.

2. Nothing in the first order shall impose any obligation, directly or indirectly, on any delegate or agent of the first respondent otherwise than while such delegate or agent is acting in performance of their duties as delegate or agent.

3. The proceedings be adjourned to 2.15 pm on Friday, 20 December 2002.