Hawker de Havilland Aerospace Pty Ltd v Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union [2004] FCA 1648

FEDERAL COURT OF AUSTRALIA

Hawker de Havilland Aerospace Pty Ltd v Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union [2004] FCA 1648 PRACTICE AND PROCEDURE – industrial law – work bans – whether there is a serious question to be tried that the industrial action is prohibited by the Workplace Relations Act 1996 (Cth) and is not protected action within the meaning of the Act – whether balance of convenience favours granting interlocutory injunctions.

Workplace Relations Act 1996 (Cth): ss 170ML, 170MN, 170NC

Australian Industry Group v Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union (2003) 125 IR 449, considered HAWKER DE HAVILLAND AEROSPACE PTY LTD v AUTOMOTIVE, FOOD, METALS, ENGINEERING, PRINTING AND KINDRED INDUSTRIES UNION & ANOTHER V 1491 of 2004 GOLDBERG J 14 DECEMBER 2004 MELBOURNE

IN THE FEDERAL COURT OF AUSTRALIA

VICTORIA DISTRICT REGISTRY V 1491 of 2004

BETWEEN: HAWKER DE HAVILLAND AEROSPACE PTY LTD

Applicant

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

First Applicant

ASSOCIATION OF PROFESSIONAL ENGINEERS, SCIENTISTS AND MANAGERS, AUSTRALIA

Second Applicant

JUDGE: GOLDBERG J

DATE OF ORDER: 14 DECEMBER 2004

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; (B) to pay the compensation referred to in (A) to the person there referred to; and (C) to permit members of the First Respondent employed at its premises at 226 Lorimer Street, Port Melbourne to attend the meeting referred to in paragraph 2(a) of the orders set out below;