United Group Infrastructure Pty Ltd ACN 096 365 972 v Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union [2005] FCA 1823

FEDERAL COURT OF AUSTRALIA

United Group Infrastructure Pty Ltd ACN 096 365 972 v Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union [2005] FCA 1823

INDUSTRIAL LAW – interlocutory injunction – whether industrial action may contravene s 170MI(2) of the Workplace Relations Act 1996 (Cth) Workplace Relations Act 1996 (Cth), ss 127, 170MI, 170MI(2), 170MJ, 170MN(1), 170MO United Group Infrastructure Pty Ltd ACN 096 365 972 v Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union wad 295 of 2005 SIOPIS J 2 NOVEMBER 2005 PERTH

IN THE FEDERAL COURT OF AUSTRALIA

WESTERN AUSTRALIA DISTRICT REGISTRY WAD 295 OF 2005

BETWEEN: UNITED GROUP INFRASTRUCTURE PTY LTD ACN 096 365 972

APPLICANT

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

RESPONDENT

JUDGE: SIOPIS J

DATE OF ORDER: 2 NOVEMBER 2005

WHERE MADE: PERTH

THE COURT ORDERS THAT: 1 Until trial or further order, the respondent be restrained whether by itself or its servants or agents or howsoever otherwise: a. from issuing any further section 170MO notices; and b. from permitting, directing, authorising, inducing, encouraging or procuring any employee of the applicant engaged in work at the Alcoa Kwinana Refinery to fail to attend work and/or to fail to perform work in the manner as customarily performed for the applicant; where the purpose, or a purpose of that conduct is to support or advance the claims made against the applicant in respect of the employment of employees of the applicant pursuant to the draft Enterprise Bargaining Agreement served by the respondent on the applicant which is annexure PKD12 to the affidavit of Peter Kingsbury Davis dated 12 October 2005 and/or the Notice of Initiation of Bargaining Period dated 27 September 2005 which is annexure PKD13 to the affidavit of Peter Kingsbury Davis dated 12 October 2005. 2 Service of this order 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 by serving an original or copy of this order on the respondent at its State Branch at 121 Royal Street, East Perth, Western Australia and by facsimile to the respondent's National Office on facsimile number (02) 9897 9274. 3 The directions hearing be adjourned to 9:30 am on Thursday 17 November 2005. 4 Each party have liberty to apply on short notice to discharge or vary the order. 5 Costs be reserved. Note:Settlement and entry of orders is dealt with in Order 36 of the Federal Court Rules.