ABB Australia Pty Ltd v Communications, Electrical, Electronic,.Energy, Information, Postal, Plumbing and Allied Services Union [2002] FCA 1070

ABB Australia Pty Ltd v Communications, Electrical, Electronic,.Energy, Information, Postal, Plumbing and Allied Services Union [2002] FCA 1070

There is a serious question to be tried regarding breach of s 127(1) and s 170MN by the respondents, warranting interlocutory relief; however, no serious question arises as to tortious relief absent a s 166A certificate.

Jurisdiction
Australia
Judgment Date
27 August 2002
Procedural Posture
Application for Interlocutory Injunction / Interlocutory Stage (injunctive Relief Sought; Directions Hearing Adjourned)
Outcome
Interlocutory injunction granted restraining certain industrial action and associated conduct until 16 September 2002 or further order; leave to file amended application granted; matter adjourned for directions hearing.
Legal Topics
['interlocutory Injunctions' 'industrial Action' 'breach of Industrial Order' 'torts (inducing Breach of Contract)']
['industrial Law' 'employment Law'] ['interlocutory Injunctions' 'industrial Action' 'breach of Industrial Order' 'torts (inducing Breach of Contract)']

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 1 Authorities cited 2 Party arguments 2 Amounts and remedies 1
Sign in to unlock

Procedural Posture

Application for Interlocutory Injunction / Interlocutory Stage (injunctive Relief Sought; Directions Hearing Adjourned)

Legal Issues

  1. 1 ['Whether the strike and bans by employees were in breach of order under s 127(1) of the Workplace Relations Act 1996' 'Whether the union incited or encouraged such industrial action' 'Whether applicants require a certificate under s 166A(1) to bring proceedings in tort against the respondents' 'Whether the balance of convenience favours grant of interlocutory relief']

Ratio Decidendi

There is a serious question to be tried regarding breach of s 127(1) and s 170MN by the respondents, warranting interlocutory relief; however, no serious question arises as to tortious relief absent a s 166A certificate.

Court Disposition

Interlocutory injunction granted restraining certain industrial action and associated conduct until 16 September 2002 or further order; leave to file amended application granted; matter adjourned for directions hearing.

Orders

  • ['Applicants have leave to file amended application dated 27 August 2002.' 'First respondent restrained from inciting or encouraging any applicant’s employee at Longford to fail or refuse to attend or perform work as customarily performed until 16 September 2002 or further order.' 'Second to fiftieth respondents...