Geelong Wool Combing Ltd v Textile, Clothing and Footwear Union of Australia [2003] FCA 773

Geelong Wool Combing Ltd v Textile, Clothing and Footwear Union of Australia [2003] FCA 773

Representative order refused as evidence did not establish common enterprise or purpose; interlocutory injunction granted against individual respondents where evidence of illegal conduct motivated by proscribed intent was sufficient to warrant relief.

Jurisdiction
Australia
Judgment Date
22 July 2003
Procedural Posture
Application for Interlocutory Injunction and Representative Order / Interlocutory
Outcome
Representative order refused; interlocutory injunction granted in part
Legal Topics
['interlocutory Injunctions' 'industrial Action' 'representative Orders' 'certified Agreements']
['industrial Law' 'practice and Procedure'] ['interlocutory Injunctions' 'industrial Action' 'representative Orders' 'certified Agreements']

Case Brief

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Procedural Posture

Application for Interlocutory Injunction and Representative Order / Interlocutory

Legal Issues

  1. 1 ['Whether conduct of picketers contravened s 170NC of the Workplace Relations Act 1996 (Cth)' 'Whether representative orders could be made under Order 6 rule 13 of Federal Court Rules' 'Whether interlocutory injunction should be granted against certain respondents']

Ratio Decidendi

Representative order refused as evidence did not establish common enterprise or purpose; interlocutory injunction granted against individual respondents where evidence of illegal conduct motivated by proscribed intent was sufficient to warrant relief.

Court Disposition

Representative order refused; interlocutory injunction granted in part

Orders

  • ["Fourth, sixth, seventh, ninth, tenth, eleventh and thirteenth respondents are restrained until trial or further order from physically obstructing or impeding free movement of goods or people to and from applicant's property; abusing, threatening, harassing or intimidating any person entering or leaving site;...