Downer Engineering Power Pty Ltd (ABN 53 000 983 700) v Atkinson [2005] FCA 149

Downer Engineering Power Pty Ltd (ABN 53 000 983 700) v Atkinson [2005] FCA 149

There is a serious issue to be tried, and the balance of convenience favours granting interim injunctions to restrain certain employees from failing or refusing to attend work, where failure or refusal is for the purpose of supporting or advancing claims against the applicant in respect of employment subject to certified agreements. Interim orders should be limited to employees personally served, with usual enforcement endorsement required.

Jurisdiction
Australia
Judgment Date
01 March 2005
Procedural Posture
Interlocutory Application / Interim Injunction Order
Outcome
Interim injunctions granted; time for service abridged.
Legal Topics
['interlocutory Relief' 'industrial Action' 'certified Agreements' 'injunctions' 'balance of Convenience']
['industrial Law'] ['interlocutory Relief' 'industrial Action' 'certified Agreements' 'injunctions' 'balance of Convenience']

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Procedural Posture

Interlocutory Application / Interim Injunction Order

Legal Issues

  1. 1 ['Whether employees failed to comply with Australian Industrial Relations Commission orders under s 127(1) Workplace Relations Act 1996 (Cth)' 'Whether respondents contravened s 127(5) and s 170MN of the Act by engaging in industrial action' 'Whether interim relief should be granted and if it would have a practical effect' 'Whether orders should include endorsement warning of imprisonment or sequestration']

Ratio Decidendi

There is a serious issue to be tried, and the balance of convenience favours granting interim injunctions to restrain certain employees from failing or refusing to attend work, where failure or refusal is for the purpose of supporting or advancing claims against the applicant in respect of employment subject to certified agreements. Interim orders should be limited to employees personally served, with usual enforcement endorsement required.

Court Disposition

Interim injunctions granted; time for service abridged.

Orders

  • ['Respondents (specified employees) restrained from failing or refusing to attend for work (where such conduct is for the purpose of advancing claims) pending further order.' 'Respondents restrained from failing or refusing to attend for work in contravention of Australian Industrial Relations Commission order.'...