Hawker de Havilland Aerospace Pty Ltd v Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union [2004] FCA 1648

Hawker de Havilland Aerospace Pty Ltd v Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union [2004] FCA 1648

There is a serious question to be tried that the conduct of the unions is not protected action and is in breach of ss 170MN and 170NC of the Workplace Relations Act 1996, given the comprehensive and no extra claims clauses in the agreement. The balance of convenience favours granting the injunction sought by the applicant.

Jurisdiction
Australia
Judgment Date
14 December 2004
Procedural Posture
Application for Interlocutory Injunction / Interlocutory (injunction Sought and Granted Pending Trial)
Outcome
Interlocutory injunction granted pending trial, subject to undertakings as to damages and other procedural orders.
Legal Topics
['industrial Action' 'interlocutory Injunctions' 'protected Action' 'workplace Relations Act 1996' 'no Extra Claims Clause']
['industrial Law' 'practice and Procedure'] ['industrial Action' 'interlocutory Injunctions' 'protected Action' 'workplace Relations Act 1996' 'no Extra Claims Clause']

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Procedural Posture

Application for Interlocutory Injunction / Interlocutory (injunction Sought and Granted Pending Trial)

Legal Issues

  1. 1 ['Whether a serious question to be tried exists that industrial action is prohibited by the Workplace Relations Act 1996 and is not protected action' 'Whether the balance of convenience favours granting an interlocutory injunction']

Ratio Decidendi

There is a serious question to be tried that the conduct of the unions is not protected action and is in breach of ss 170MN and 170NC of the Workplace Relations Act 1996, given the comprehensive and no extra claims clauses in the agreement. The balance of convenience favours granting the injunction sought by the applicant.

Court Disposition

Interlocutory injunction granted pending trial, subject to undertakings as to damages and other procedural orders.

Orders

  • ['Until trial or further order, each Respondent restrained from engaging in, organising, procuring or maintaining, and from advising or counselling any employee of the Applicant to engage in or maintain, any ban, limitation or restriction upon (a) attendance at ethics training, (b) accurate and complete booking of...