Federal Court of Australia
Federal Court of Australia
Pacific National Services Pty Ltd v Australian Rail Tram and Bus Industry Union [2020] FCA 1678 File number: NSD 1238 of 2020
Judgment of: NICHOLAS J
Date of judgment: 19 November 2020
Catchwords: INDUSTRIAL LAW – where applicant seeks an interlocutory injunction restraining the respondent from organising its members to take industrial action at blast furnace – where industrial action could require dumping of hot metal – whether risk of destruction to property by industrial action – interlocutory injunction granted
Legislation: Fair Work Act 2009 (Cth) ss 408, 415(1)
Cases cited: BlueScope Steel (AIS) Pty Ltd v Australian Workers' Union (No 1) (2012) 226 IR 149; [2012] FCA 935 Copyright Agency Ltd v Haines (1982) 1 NSWLR 182 Overseas Tankship (U.K.) Ltd v Morts Dock & Engineering Co. Ltd. [1961] AC 388 (JC)
Division: Fair Work Division
Registry: New South Wales
National Practice Area: Employment and Industrial Relations
Number of paragraphs: 32
Date of hearing: 18 November 2020
Counsel for the Applicant: Mr Shariff SC
Solicitor for the Applicant: Seyfarth Shaw Australia
Counsel for the Respondent: Ms L Saunders
Solicitor for the Respondent: Australian Rail Tram and Bus Industry Union
ORDERS NSD 1238 of 2020
BETWEEN: PACIFIC NATIONAL SERVICES PTY LTD
(ACN 052 134 362) Applicant
AND: AUSTRALIAN RAIL TRAM AND BUS INDUSTRY UNION Respondent
order made by: NICHOLAS J DATE OF ORDER: 19 November 2020
THE COURT NOTES THAT:
Upon the applicant, by its counsel, giving the usual undertaking as to damages, namely to: (a) 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 these orders; and (b) pay the compensation referred to in (a) to the person or persons there referred to.
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