Aerospace Technologies of Australia Ltd v Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union [2003] FCA 302

FEDERAL COURT OF AUSTRALIA

Aerospace Technologies of Australia Ltd v Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union [2003] FCA 302 AEROSPACE TECHNOLOGIES OF AUSTRALIA LIMITED (ABN 56 008 622 008) v AUTOMOTIVE, FOOD, METALS, ENGINEERING, PRINTING AND KINDRED INDUSTRIES UNION V 184 of 2003 RYAN J 1 APRIL 2003 MELBOURNE

IN THE FEDERAL COURT OF AUSTRALIA

VICTORIA DISTRICT REGISTRY V 184 of 2003

BETWEEN: AEROSPACE TECHNOLOGIES OF AUSTRALIA LIMITED (ABN 56 008 622 008)

Applicant

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

Respondent

JUDGE: RYAN J

DATE OF ORDER: 1 APRIL 2003

WHERE MADE: MELBOURNE

UPON THE APPLICANT by its Counsel undertaking: (a) to submit to such order (if any) as the Court may consider to be just for the payment of compensation, to be assessed by the Court or as it may direct, to any person, whether or not a party adversely affected by the operation of the interlocutory order made hereunder or any continuation, with or without variation, thereof; and (b) to pay the compensation referred to in (a) to the person referred to; THE COURT ORDERS THAT: 1. Until 4.15 pm on 3 April 2003, or further order, the respondent (whether by its officers, employees, agents or howsoever otherwise), be restrained from: (a)preventing, hindering or interfering with the access to or egress from the applicant's site located at 226 Lorimer Street Port Melbourne ("the Fishermen's Bend site") of persons or vehicles seeking such access or egress; (b)taking or threatening to take any industrial action or inciting or procuring any members of the respondent or other employees of the applicant to take industrial action with intent to coerce the applicant to agree to or approve the making of an agreement under Division 2 or 3 of Part VIB of the Workplace Relations Act 1996, in respect of the employment by Skilled Engineering Ltd of persons formerly or presently employed by ABB Services Pty Ltd at the Fishermen's Bend site; 2. The directions hearing be adjourned to 10.15 am on 3 April 2003. 3. The respondent file and serve, by 5.00 pm on 2 April 2003, any affidavit or affidavits on which it intends to rely in support of the discharge or variation of the injunctions hereby granted. 4. Liberty be reserved to either party to apply on notice in writing to the other party. Note: Settlement and entry of orders is dealt with in Order 36 of the Federal Court Rules.