Textile Clothing & Footwear Union of Australia v Huyck. Wangner Australia Pty Ltd [2008] FCA 1504

FEDERAL COURT OF AUSTRALIA

Textile Clothing & Footwear Union of Australia v Huyck. Wangner Australia Pty Ltd [2008] FCA 1504

TEXTILE CLOTHING AND FOOTWEAR UNION OF AUSTRALIA v HUYCK. WANGNER AUSTRALIA PTY LTD (ACN 004 624 015)

VID 747 of 2008

JESSUP J

26 SEPTEMBER 2008

MELBOURNE IN THE FEDERAL COURT OF AUSTRALIA

VICTORIA DISTRICT REGISTRY VID 747 of 2008

BETWEEN: TEXTILE CLOTHING AND FOOTWEAR UNION OF AUSTRALIA

Applicant

AND: HUYCK. WANGNER AUSTRALIA PTY LTD (ACN 004 624 015)

Respondent

JUDGE: JESSUP J DATE OF ORDER: 26 SEPTEMBER 2008

WHERE MADE: MELBOURNE

UPON the applicant by its counsel undertaking: (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 Order 1 below 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. Until the hearing and determination of this proceeding or further order, the respondent be restrained from implementing any of the changes to shift structure and working arrangements referred to in the memorandum to all production operators and maintenance personnel dated 8 September 2008, being exhibit 'JK-6' to the affidavit of Jenny Kruschel affirmed on 18 September 2008. 2. On or before 8 October 2008, the respondent make discovery by verified list of the following categories of documents: (a) documents relating to the decision taken by the respondent's management on 5 September 2008 to make the changes set out in the memorandum referred to in the previous order; (b) documents referred to in the affidavit of Geoffrey David Charnley affirmed on 24 September 2008 and documents to which the deponent had reference for the purpose of making that affidavit; and (c) in respect of the respondent's financial years of 2006 and 2007, documents of the kind referred to in par 13 of that affidavit and there described as Profit and Loss Statements, Cash Flow Statements and Sales Details. 3. On or before 8 October 2008, the applicant make discovery by verified list of documents referred to in the affidavit of Jenny Kruschel affirmed on 26 September 2008 and documents to which the deponent had reference for the purpose of making that affidavit. 4. Subject to such proper objections on the ground of privilege, confidentiality or otherwise as may arise: (a) on or before 10 October 2008, the respondent provide for inspection the documents, or copies of the documents, specified by the applicant by 5pm on 9 October 2008; (b) on or before 10 October 2008, the applicant provide for inspection the documents, or copies of the documents, specified by the respondent by 5pm on 9 October 2008. 5. On or before 17 October 2008, the applicant file and serve such further affidavit or affidavits as it proposes to rely on at trial. 6. On or before 24 October 2008, the respondent file and serve such further affidavit or affidavits as it proposes to rely on at trial. 7. On or before 29 October 2008, the applicant file and serve such affidavit or affidavits in reply to those filed and served by the respondent as it proposes to rely on at trial. 8. On or before 31 October 2008, the parties exchange outlines of the cases which they propose to advance at trial. 9. The proceeding be fixed for trial at 10:15am on 3 November 2008 with an allowance of three days. 10. The proceeding be referred for mediation by a Registrar, pursuant to the Rules of Court, at a time and date to be notified.