ACI Operations Pty Ltd v Automotive Food Metals Engineering Printing & Kindred Industries Union [2000] FCA 393

ACI Operations Pty Ltd v Automotive Food Metals Engineering Printing & Kindred Industries Union [2000] FCA 393

ACI established a serious issue to be tried that obstructive picketing organised by the AMWU and involving its State Secretary was action taken with intent to coerce ACI in relation to the proposed enterprise agreement, contrary to s 170NC. Because the picketing was likely to cause financial harm to ACI and its customers and the respondents showed no relevant disadvantage from being restrained from obstructive tortious conduct, the balance of convenience supported interlocutory relief against the AMWU and its State Secretary. Relief against the employee respondents was refused because the evidence of their intent and individual involvement in obstruction was unclear, the injunction...

Jurisdiction
Australia
Judgment Date
30 March 2000
Procedural Posture
Industrial Law Proceeding Seeking Penalties and Injunctive Relief for Alleged Contraventions of the Workplace Relations Act 1996 / Interlocutory Application for Injunctions
Outcome
Interlocutory injunction granted against the first and second respondents; interlocutory relief otherwise refused, including against the employee respondents.
Legal Topics
['picketing' 'physical Obstruction' 'enterprise Bargaining' 'protected Industrial Action' 'coercion to Agree to Enterprise Agreement' 'interlocutory Injunctions']
['industrial Law' 'workplace Relations'] ['picketing' 'physical Obstruction' 'enterprise Bargaining' 'protected Industrial Action' 'coercion to Agree to Enterprise Agreement' 'interlocutory Injunctions']

Case Brief

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Procedural Posture

Industrial Law Proceeding Seeking Penalties and Injunctive Relief for Alleged Contraventions of the Workplace Relations Act 1996 / Interlocutory Application for Injunctions

Legal Issues

  1. 1 ['Whether picketing involving physical obstruction or impediment to movement of goods or people was carried out with intent to coerce ACI to agree to a new or varied enterprise agreement in contravention of s 170NC of the Workplace Relations Act 1996.' 'Whether there was a serious issue to be tried that the AMWU, its State Secretary and employee respondents contravened s 170NC.' 'Whether the balance of convenience and discretionary considerations justified interlocutory injunctive relief against the AMWU, its State Secretary and the employee respondents.' 'Whether any special principle applies to interlocutory injunctions in industrial litigation.']

Ratio Decidendi

ACI established a serious issue to be tried that obstructive picketing organised by the AMWU and involving its State Secretary was action taken with intent to coerce ACI in relation to the proposed enterprise agreement, contrary to s 170NC. Because the picketing was likely to cause financial harm to ACI and its customers and the respondents showed no relevant disadvantage from being restrained from obstructive tortious conduct, the balance of convenience supported interlocutory relief against the AMWU and its State Secretary. Relief against the employee respondents was refused because the evidence of their intent and individual involvement in obstruction was unclear, the injunction...

Court Disposition

Interlocutory injunction granted against the first and second respondents; interlocutory relief otherwise refused, including against the employee respondents.

Orders

  • ["Until the trial of the proceeding or further order the first and the second respondents, whether by themselves, their servants, agents or howsoever otherwise, be restrained from organising or continuing or threatening to organise or being otherwise involved in physical obstruction or a physical impediment to the...