Automotive, Foods, Metals, Engineering, Printing & Kindred Industries Union v Eaton Electrical Systems Pty Ltd [2005] FCA 2

FEDERAL COURT OF AUSTRALIA

Automotive, Foods, Metals, Engineering, Printing & Kindred Industries Union v Eaton Electrical Systems Pty Ltd [2005] FCA 2 AUTOMOTIVE, FOODS, METALS, ENGINEERING, PRINTING & KINDRED INDUSTRIES UNION v EATON ELECTRICAL SYSTEMS PTY LTD NSD1979 OF 2004 MOORE J 7 JANUARY 2005 SYDNEY

IN THE FEDERAL COURT OF AUSTRALIA

NEW SOUTH WALES DISTRICT REGISTRY NSD1979 OF 2004

BETWEEN: AUTOMOTIVE, FOODS, METALS, ENGINEERING, PRINTING & KINDRED INDUSTRIES UNION

APPLICANT

AND: EATON ELECTRICAL SYSTEMS PTY LTD

RESPONDENT

JUDGE: MOORE J

DATE OF ORDER: 7 JANUARY 2005

WHERE MADE: SYDNEY

THE COURT NOTES THATthe applicant by its counsel undertakes to the Court: (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 this interlocutory order or any continuation (with or without variation) thereof; and (b) to pay the compensation referred to in (a) to the person there referred to. THE COURT ORDERS THAT: 1. If, within seven days, any person listed in Schedule A states in writing to the respondent that he is willing: (a) to become an employee of the respondent pending the hearing and determination of this proceeding or further order; and (b) to accept the obligations attaching to him as such an employee, the respondent, by itself, its servants and agents, thereafter until the hearing and determination of this proceeding or further order employ any such person on terms and conditions of employment no less favourable than those afforded to him immediately prior to the termination of his employment on 22 December 2004. 2. In the event that the Court makes a final order in this proceeding without ordering that any such person be reinstated in his employment with the respondent, unless the Court otherwise orders, the employment referred to in order 1 will cease and determine without further act by or on behalf of either the respondent or any such person. 3. Liberty is reserved to either party to apply on forty-eight hours notice in writing to the other party.