Integrated Maintenance Services Pty Ltd v Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union [2003] FCA 760

FEDERAL COURT OF AUSTRALIA

Integrated Maintenance Services Pty Ltd v Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union [2003] FCA 760 INTEGRATED MAINTENANCE SERVICES PTY LTD v AUTOMOTIVE, FOOD, METALS, ENGINEERING, PRINTING AND KINDRED INDUSTRIES UNION and OTHERS (IN ACCORDANCE WITH THE SCHEDULE OF RESPONDENTS ANNEXED HERETO) V 543 of 2003 RYAN J 16 JULY 2003 MELBOURNE

IN THE FEDERAL COURT OF AUSTRALIA

VICTORIA DISTRICT REGISTRY V 543 of 2003

BETWEEN: INTEGRATED MAINTENANCE SERVICES PTY LTD

Applicant

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

First Respondent

AND: OTHERS (IN ACCORDANCE WITH THE SCHEDULE OF RESPONDENTS ANNEXED HERETO)

Second to Forty-Sixth Respondents JUDGE: RYAN J

DATE OF ORDER: 16 JULY 2003

WHERE MADE: MELBOURNE

THE COURT ORDERS:

1. THAT by 18 July 2003 the first respondent prepare and distribute to its members employed by the applicant at the Holden V6 site at Port Melbourne ("the site") a notice in writing ("the notice") signed by Brendan Whelan and Steven Dargavel advising them of the making of the Order of the Australian Industrial Relations Commission ("the Commission") of 12 June 2003 as extended by further order of the Commission of 11 July 2003 and directing them to:

(i) immediately cease and refrain from engaging in industrial action in the form of any strike or any restriction, ban or other limitation on the performance of work;

(ii) make themselves available for work and perform work as the applicant may reasonably require.

2. THAT copies of the notice be handed or otherwise made available to the members of the first respondent at the site and be posted by prepaid ordinary post to each of the second to forty-sixth respondents inclusive at his or her address as shown in the schedule annexed to the application herein.