Burswood Resort (Management) Limited v Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia [2004] FCA 909

FEDERAL COURT OF AUSTRALIA

Burswood Resort (Management) Limited v Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia [2004] FCA 909 INDUSTRIAL LAW – adequacy of notice of action – ambiguities in notice – serious question to be tried – balance of convenience favouring applicant

Federal Court of Australia Act 1976 (Cth) s 23 Workplace Relations Act 1996 (Cth) ss 4, 170MI, 170ML(2), 170MO, 170MO(1), 170MO(2), 170MO(5), 170MP, 170NC, 170NG Industrial Relations Act 1979 (WA) s 42 Davids Distribution Pty Ltd v National Union of Workers (1999) 91 FCR 463 applied Burswood Resort (Management) Ltd v Australian Liquor, Hospitality and Miscellaneous Workers' Union [1999] FCA 1443 considered BURSWOOD RESORT (MANAGEMENT) LIMITED v COMMUNICATIONS, ELECTRICAL, ELECTRONIC, ENERGY, INFORMATION, POSTAL, PLUMBING AND ALLIED SERVICES UNION OF AUSTRALIA W156 of 2004 RD NICHOLSON J 12 JULY 2004 PERTH

IN THE FEDERAL COURT OF AUSTRALIA

WESTERN AUSTRALIA DISTRICT REGISTRY W156 OF 2004

BETWEEN: BURSWOOD RESORT (MANAGEMENT) LIMITED ACN 009 396 945

APPLICANT

AND: COMMUNICATIONS, ELECTRICAL, ELECTRONIC, ENERGY, INFORMATION, POSTAL, PLUMBING AND ALLIED SERVICES UNION OF AUSTRALIA

RESPONDENT

JUDGE: RD NICHOLSON J

DATE OF ORDER: 12 JULY 2004

WHERE MADE: PERTH

THE COURT ORDERS THAT: 1. The respondent be restrained until the final determination of the application in this proceeding or further restraining order from organising, or continuing to organise, or inducing, persuading, advising, procuring or encouraging any person who is an employee of the applicant to engage in industrial action which is contained in the 'Notification Pursuant To The Provisions Of Section 170MO of the Workplace Relations Act 1996' dated and served on the applicant on 6 July 2004. 2. Costs be reserved. Note: Settlement and entry of orders is dealt with in Order 36 of the Federal Court Rules.