Woodside Petroleum (WA Oil) Pty Ltd v The Australian Institute of Marine and Power Engineers [2005] FCA 403

FEDERAL COURT OF AUSTRALIA

Woodside Petroleum (WA Oil) Pty Ltd v The Australian Institute of Marine and Power Engineers [2005] FCA 403 Workplace Relations Act 1996 (Cth) ss 170NC, 170NG WOODSIDE PETROLEUM (WA OIL) PTY LTD v THE AUSTRALIAN INSTITUTE OF MARINE AND POWER ENGINEERS WAD 79 of 2005 NICHOLSON J 8 APRIL 2005 PERTH

IN THE FEDERAL COURT OF AUSTRALIA

WESTERN AUSTRALIA DISTRICT REGISTRY WAD 79 OF 2005

BETWEEN: WOODSIDE PETROLEUM (WA OIL) PTY LTD

(ACN 050 135 192)

APPLICANT

AND: THE AUSTRALIAN INSTITUTE OF MARINE AND POWER ENGINEERS

RESPONDENT

JUDGE: NICHOLSON J

DATE OF ORDER: 8 APRIL 2005

WHERE MADE: PERTH

THE COURT ORDERS THAT: 1. Pursuant to sections 170NC and 170NG of the Act: The Respondent (whether by its officers, delegates, agents, employees or howsoever otherwise) shall be restrained from directing, inducing, encouraging or authorising any member of the Respondent employed by the Applicant in work at the FSPO 'Cossack Pioneer' facility ('the Facility') regulated by the Woodside Petroleum (WA Oil) Pty Ltd/AIMPE Cossack Pioneer Certified Agreement (2001) ('the Certified Agreement') to fail to attend for work or to refuse to work at the Facility between 6.00 am, 9 April 2005 (WST) to 6.00 am, 10 April 2005 (WST) in accordance with the terms and conditions of the Certified Agreement with intent to coerce the Applicant to agree to make an agreement with the Respondent under Division 2 or 3 of Part VIB of the Act. 2. Other Orders – the Respondent: By no later than 9.00 pm on 8 April 2005 the Applicant or the Respondent must give a copy of, or read, order no.1 above to each of the employees affected by these Orders, andpost a copy of these orders on the mess room notice board at the facility. 3. Service Service of these Orders on the Respondent as required by Order 37 Rule 2 of the Federal Court Rules is dispensed with and, instead, service of this Order on the Respondent is permitted in the following manner: (i) handing an original or copy of the Orders to; or (ii) forwarding by facsimile transmission (facsimile number (02) 9319 7505) a copy of the Orders to; or (iii) forwarding by email transmission (email: aimpe@ozemail.com.au) an electronic copy of the Orders to: (I) Mr Henning Christiansen, Federal Secretary of the Respondent; or (II) A person who appears to be over the age of 15 years at the Orders at the WA Branch of the Respondent located at 28 Mout Street, Fremantle, WA 6160 or forwarding a copy by facsimile transmission to the WA Branch of the Respondent, facsimile number (08) 9430 4732. (4) Pursuant to Order 7 Rule 10 the Application, Notice of Motion, supporting affidavit of DonaldFraser and affidavit of urgency ('the Originating Documents') be taken to have been served on the Respondent where copies of the Originating Documents have been: (a) left for the Respondent at 52 Buckingham Street, Surry Hills, New South Wales 2010 with a person apparently over the age of 15 years; or (b) forwarded by facsimile transmission (facsimile number (02) 9319 7505) to Mr Henning Christiansen, Federal Secretary of the Respondent at facsimile number, (02) 9319 7505, or by email to Mr Henning Christiansen, Federal Secretary of the Respondent at aimpe@ozemail.com.au. (5) Pursuant to Order 4 Rule 11 and/or Order 19 Rule 3, the time for service of the Notice of Motion be abridged so far as is necessary to enable the motion of which notice is hereby given to be heard on 8 April 2005. (6) Liberty to the parties to apply on such notice as a judge shall allow to discharge or vary this Order. (7) The application be set down for directions on 12 April 2005 at 9.00 am.