Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
BlueScope Steel (AIS) Pty Ltd v Australian Workers' Union (No 1) [2012] FCA 935 Citation: BlueScope Steel (AIS) Pty Ltd v Australian Workers' Union (No 1) [2012] FCA 935
Parties: BLUESCOPE STEEL (AIS) PTY LTD v AUSTRALIAN WORKERS' UNION and AUSTRALIAN WORKERS' UNION, NEW SOUTH WALES
File number: NSD 1238 of 2012
Judge: PERRAM J
Date of judgment: 28 August 2012
Catchwords: INDUSTRIAL LAW – Industrial action – application for interlocutory injunction restraining proposed industrial action at blast furnace – where industrial action of certain duration and/or frequency could require 'dumping' of hot metal – whether proposed industrial action was immune from suit – whether proposed industrial action would result in 'reckless destruction of, or damage to, property' – whether serious question to be tried – whether damages an adequate remedy – whether balance of convenience favours injunction
Legislation: Fair Work Act 2009 (Cth) ss 408, 409, 415(1) BlueScope Steel (AIS) Pty Ltd – Port Kembla Steelworks Employees Award 2006 cl 37.3
Cases cited: Australasian Meat Industry Employees' Union v G & K O'Connor Pty Ltd (2000) 104 FCR 80 distinguished
Date of hearing: 27 August 2012
Place: Sydney
Division: GENERAL DIVISION
Category: Catchwords
Number of paragraphs: 30
Counsel for the Applicant: G Hatcher SC, M Seck
Solicitor for the Applicant: Duncan Cotterill Lawyers
Counsel for the Respondents: S Crawshaw SC
Solicitor for the Respondents: Maurice Blackburn Lawyers Pty Ltd
IN THE FEDERAL COURT OF AUSTRALIA NEW SOUTH WALES DISTRICT REGISTRY GENERAL DIVISION NSD 1238 of 2012
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