ABM Plastic (Aust) Pty Ltd (Receivers and Managers Appointed) ACN 005 028 099 v Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union [2005] FCA 111

FEDERAL COURT OF AUSTRALIA

ABM Plastic (Aust) Pty Ltd (Receivers and Managers Appointed) ACN 005 028 099

v Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union [2005] FCA 111

ABM PLASTIC (AUST) PTY LTD (RECEIVERS AND MANAGERS APPOINTED) ACN 005 028 099 v AUTOMOTIVE, FOOD, METALS, ENGINEERING, PRINTING AND KINDRED INDUSTRIES UNION and NATIONAL UNION OF WORKERS and the employees named in the schedule attached hereto

V 101 of 2005

RYAN J

17 FEBRUARY 2005

MELBOURNE

IN THE FEDERAL COURT OF AUSTRALIA

VICTORIA DISTRICT REGISTRY V 101 of 2005

BETWEEN: ABM PLASTIC (AUST) PTY LTD (Receivers and Managers Appointed) ACN 005 028 099

Applicant

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

NATIONAL UNION OF WORKERS and the employees named in the schedule attached hereto

Respondents

JUDGE: RYAN J

DATE OF ORDER: 17 FEBRUARY 2005

WHERE MADE: MELBOURNE

UPON THE APPLICANT by its Counsel giving the usual undertaking as to damages IT IS ORDERED: 1. That the respondents and each of them be restrained from 1.00 pm this day until 4.15 pm on 23 February 2005 or further order from (whether by its officers, or his, her or its employees, agents or himself, herself or itself or howsoever otherwise) (a) preventing, hindering or interfering with access to, or egress from the premises situate at 56 to 67 Tarnard Drive, Braeside ("the Braeside Site") of persons or vehicles seeking such access or egress; (b) organising, maintaining or participating in the conduct referred to in sub-paragraph (a) of this paragraph. 2. That a copy of this order be served on each respondent who has not entered an appearance herein at the same time as service on that respondent of the application herein and the affidavits filed this day by the applicant provided, however, that the applicant is excused from serving on any such respondent each of the exhibits to the said affidavits. 3. That without derogating from paragraph 2 of this Order, notice of this Order be given to the respondents by displaying a copy or copies thereof at a prominent and externally visible place or places at the Braeside Site. 4. That liberty be reserved to any party to apply on not less that 24 hours notice to the other parties for the variation or dissolution of the injunctive relief hereby granted provided however that any such notice by the applicant need be given only to the first and second respondents. 5. That subject to any further or other orders the directions hearing herein be adjourned to 23 February 2005 or further order.