Williams v Automotive, Food, Metals, Engineering, Printing Kindred Industries Union (No 3) [2009] FCA 371

Williams v Automotive, Food, Metals, Engineering, Printing Kindred Industries Union (No 3) [2009] FCA 371

The affidavit material disclosed an arguable organised program of harassment and intimidation affecting access to John Holland's project site, project office and head office, including conduct by proposed new respondents and involvement by Mr Stephenson. There was also an arguable inference that the respondent unions were associated with the activities and with attempts to defeat the intent of earlier orders. Those circumstances justified widening interim restraints, adding further respondents, and making temporary holding injunctions against unserved proposed respondents pending a further hearing.

Jurisdiction
Australia
Judgment Date
24 March 2009
Procedural Posture
Federal Court Interlocutory Proceedings Seeking Extension and Widening of Interim Injunctive Orders / Notices of Motion Heard on 24 March 2009; Interim Orders Made Pending Hearing and Determination or Further Order, With Further Hearing Fixed for 7 April 2009
Outcome
Interim injunctive relief granted and widened; additional respondents added; further hearings, affidavit timetable, mediation, directions and costs orders made.
Legal Topics
['interim Injunctions' 'picketing and Alleged Harassment at Construction Project Sites' 'building and Construction Industry Improvement Act 2005 (cth)' 'joinder of Additional Respondents' 'mediation Under Federal Court Rules']
['industrial Law' 'federal Civil Procedure' 'injunctions'] ['interim Injunctions' 'picketing and Alleged Harassment at Construction Project Sites' 'building and Construction Industry Improvement Act 2005 (cth)' 'joinder of Additional Respondents' 'mediation Under Federal Court Rules']

Case Brief

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Procedural Posture

Federal Court Interlocutory Proceedings Seeking Extension and Widening of Interim Injunctive Orders / Notices of Motion Heard on 24 March 2009; Interim Orders Made Pending Hearing and Determination or Further Order, With Further Hearing Fixed for 7 April 2009

Legal Issues

  1. 1 ["Whether interim orders previously made should be extended and widened to cover further conduct at the West Gate Bridge Strengthening Alliance Project, John Holland's project office, and John Holland's Abbotsford head office." 'Whether additional persons should be added as respondents and bound by interlocutory restraints.' 'Whether there was sufficient affidavit material to justify temporary holding injunctions against proposed new respondents who had not yet been served.' 'Whether there was an arguable basis that existing respondent unions were associated with the complained-of conduct and attempts to defeat the intent of existing orders.']

Ratio Decidendi

The affidavit material disclosed an arguable organised program of harassment and intimidation affecting access to John Holland's project site, project office and head office, including conduct by proposed new respondents and involvement by Mr Stephenson. There was also an arguable inference that the respondent unions were associated with the activities and with attempts to defeat the intent of earlier orders. Those circumstances justified widening interim restraints, adding further respondents, and making temporary holding injunctions against unserved proposed respondents pending a further hearing.

Court Disposition

Interim injunctive relief granted and widened; additional respondents added; further hearings, affidavit timetable, mediation, directions and costs orders made.

Orders

  • ["In VID 83 of 2009, the first, second, third and fourth respondents were restrained until hearing and determination or further order from hindering supply of goods or services to the West Gate Bridge Strengthening Alliance Project, counselling persons not to supply, deliver or work, impeding access to John...