Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia v Corke Instrument Engineering (Australia) Pty Ltd (No 2) [2005] FCA 800

FEDERAL COURT OF AUSTRALIA

Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia v Corke Instrument Engineering (Australia) Pty Ltd (No 2) [2005] FCA 800

INDUSTRIAL RELATIONS – injunction to restrain torts – variation to permit industrial action – refused during currency of certified agreement Workplace Relations Act 1996 (Cth), s 170MN

Australian Industry Group v Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union (2003) 125 IR 449 cited Kilpatrick Green Pty Ltd v Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia (unreported, Ryan J, 28 May 1998) cited COMMUNICATIONS, ELECTRICAL, ELECTRONIC, ENERGY, INFORMATION, POSTAL, PLUMBING AND ALLIED SERVICES UNION OF AUSTRALIA v CORKE INSTRUMENT ENGINEERING (AUSTRALIA) PTY LTD and SIEMENS LIMITED VID 519 of 2005 FINKELSTEIN J 8 JUNE 2005 MELBOURNE

IN THE FEDERAL COURT OF AUSTRALIA

VICTORIA DISTRICT REGISTRY VID 519 of 2005

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

Applicant

AND: CORKE INSTRUMENT ENGINEERING (AUSTRALIA) PTY LTD and SIEMENS LIMITED

Respondents

AND BETWEEN: SIEMENS LIMITED

Cross-Claimant

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

CORKE INSTRUMENT ENGINEERING (AUSTRALIA) PTY LTD and DEAN MIGHELL

Cross-Respondents JUDGE: FINKELSTEIN J

DATE OF ORDER: 8 JUNE 2005

WHERE MADE: MELBOURNE

THE COURT ORDERS THAT: The application be refused. Note: Settlement and entry of orders is dealt with in Order 36 of the Federal Court Rules.