B&D Australia Pty Ltd v Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union [2023] FCA 1451

Federal Court of Australia

B&D Australia Pty Ltd v Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union [2023] FCA 1451 File number(s): VID 968 of 2023

Judgment of: ROFE J

Date of judgment: 21 November 2023

Date of publication of reasons: 22 November 2023

Catchwords: PRACTICE AND PROCEDURE – interlocutory injunction – whether prima facie cases that respondent contravened s 343 of the Fair Work Act 2009 (Cth) and unlawfully trespassed – injunction granted.

Legislation: Fair Work Act 2009 (Cth) Federal Court of Australia Act 1976 (Cth)

Cases cited: Australian Broadcasting Corporation v O'Neill (2006) 227 CLR 57 Australian Building and Construction Commissioner v Huddy [2017] FCA 739 Australian Building and Construction Commissioner v Ravbar [2018] FCA 1196 Samsung Electronics Co. Ltd v Apple Inc (2011) 217 FCR 238

Division: Fair Work Division

Registry: Victoria

National Practice Area: Employment and Industrial Relations

Number of paragraphs: 39

Date of hearing: 21 November 2023

Counsel for the Applicant: Ms R Davern

Solicitor for the Applicant: Pinsent Masons

Counsel for the Respondent: Mr E White

Solicitor for the Respondent: Gordon Legal

ORDERS VID 968 of 2023

BETWEEN: B&D AUSTRALIA Applicant

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

order made by: ROFE J DATE OF ORDER: 21 November 2023

THE COURT ORDERS THAT:

A. The Applicant gives the usual undertaking as to damages in the form set out in the Usual Undertaking as to Damages Practice Note (GPN-UNDR).