Automotive Food Metals Engineering Printing and Kindred Industries Union v The Age Company Limited [2004] FCA 299

Automotive Food Metals Engineering Printing and Kindred Industries Union v The Age Company Limited [2004] FCA 299

While there are serious issues to be tried, the balance of convenience is overwhelmingly in favour of the respondent. The respondent’s undertaking ensures that no financial disadvantage will accrue to the affected employees by discharging the interim order, and an early trial and mediation are directed to resolve concerns. The respondent cannot be compelled to provide work where none exists, and the monetary remedies available at trial suffice to protect the applicants.

Parties
First Applicant: Automotive Food Metals Engineering Printing and Kindred Industries Union; Second Applicant: Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia; Third Applicant: Ian Kerry; First Respondent: The Age Company Limited (ACN 004 262 702); Second Respondent: John Fairfax Holdings Limited (ACN 008 663 161)
Jurisdiction
Australia
Judgment Date
23 March 2004
Procedural Posture
Application for Interlocutory Relief in Civil Proceeding / Interlocutory Judgment on Application for Interlocutory Injunction Pending Trial
Outcome
Interlocutory injunction discharged; orders made to ensure trial proceeds expeditiously; interim arrangements ordered based on respondent's undertaking.
Legal Topics
Termination of Employment, Interlocutory Injunctions, Redundancy, Workplace Agreements
Industrial Law Employment Law Termination of Employment Interlocutory Injunctions Redundancy Workplace Agreements

Case Brief

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Parties

Automotive Food Metals Engineering Printing and Kindred Industries Union

First Applicant

Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia

Second Applicant

Ian Kerry

Third Applicant

The Age Company Limited (ACN 004 262 702)

First Respondent

John Fairfax Holdings Limited (ACN 008 663 161)

Second Respondent

Procedural Posture

Application for Interlocutory Relief in Civil Proceeding / Interlocutory Judgment on Application for Interlocutory Injunction Pending Trial

Legal Issues

  1. 1 Whether to grant interlocutory relief pending determination of substantive proceeding for alleged breaches of employment agreement and statutory obligations
  2. 2 Where the balance of convenience lies in the grant or refusal of interlocutory relief

Ratio Decidendi

While there are serious issues to be tried, the balance of convenience is overwhelmingly in favour of the respondent. The respondent’s undertaking ensures that no financial disadvantage will accrue to the affected employees by discharging the interim order, and an early trial and mediation are directed to resolve concerns. The respondent cannot be compelled to provide work where none exists, and the monetary remedies available at trial suffice to protect the applicants.

Court Disposition

Interlocutory injunction discharged; orders made to ensure trial proceeds expeditiously; interim arrangements ordered based on respondent's undertaking.

Orders

  • The orders made on 11 March 2004 be set aside, save for the reservation concerning liberty to apply.
  • The trial be set down for 10.15 am on Tuesday 4 May 2004 with the ensuing 8 days also being set aside, i.e. 5, 6, 7, 10, 11, 12, 13, 14 May 2004.