Textile, Clothing and Footwear Union of Australia v Geelong Wool Combing Limited [2003] FCA 413

FEDERAL COURT OF AUSTRALIA

Textile, Clothing and Footwear Union of Australia v Geelong Wool Combing Limited [2003] FCA 413 INDUSTRIAL LAW – interlocutory application – notification of intended lockout given – lockout expressed to commence at a future date – employees in fact immediately excluded from the work premises – employees to receive full pay during period in which they were excluded from the work premises – whether lockout commenced when employees excluded from work premises – whether a serious question to be tried – whether employer instituted lockout for a purpose other than a purpose permitted by s 170ML(2) of the Workplace Relations Act 1996 (Cth) – whether sufficient notice of lockout given in accordance with s 170MO(3) of the Workplace Relations Act 1996 (Cth) – whether exclusion of employees from work premises constituted coercion prohibited by s 170NC of the Workplace Relations Act 1996 (Cth).

Workplace Relations Act 1996 (Cth): ss 170ML, 170MO, 170MT

FH Transport Pty Ltd v Transport Workers' Union of Australia (1997) 75 FCR 480, followed Transport Workers' Union of Australia v Lee (1998) 80 IR 106, referred to National Workforce Pty Ltd v Australian Manufacturing Workers' Union (1997) 75 IR 200, applied TEXTILE, CLOTHING AND FOOTWEAR UNION OF AUSTRALIA v GEELONG WOOL COMBING LIMITED V 327 of 2003 GOLDBERG J 5 MAY 2003 MELBOURNE

IN THE FEDERAL COURT OF AUSTRALIA

VICTORIA DISTRICT REGISTRY V 327 of 2003

BETWEEN: TEXTILE, CLOTHING AND FOOTWEAR UNION OF AUSTRALIA

Applicant

AND: GEELONG WOOL COMBING LIMITED

(ACN 007 072 773)

Respondent

JUDGE: GOLDBERG J

DATE OF ORDER: 5 MAY 2003

WHERE MADE: MELBOURNE

THE COURT ORDERS THAT: 1. The respondent be restrained until the trial of the proceeding or further order from: (a) treating as valid the lockout notice dated 24 April 2003, a copy of which is included in Exhibit DH1 to the Affidavit of David Hobbs affirmed 30 April 2003; (b) preventing its employees who are members of the Textile, Clothing and Footwear Union of Australia employed at its premises in Corio, Victoria, from performing work under their contracts of employment which are subject to the provisions of the Geelong Woolcombing Limited – TCFUA Certified Agreement 2001 without first giving them, whilst they are not prevented from working under their said contracts, a notice which complies with s 170MO(3) of the Workplace Relations Act 1996 (Cth). 2. Liberty to apply be reserved to all parties. Note: Settlement and entry of orders is dealt with in Order 36 of the Federal Court Rules