Integrated Maintenance Services Pty Ltd v Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union [2003] FCA 760

Integrated Maintenance Services Pty Ltd v Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union [2003] FCA 760

On the necessarily incomplete interlocutory evidence, the Court was not persuaded that all steps proposed by the applicant were necessary and available under the AMWU rules to ensure compliance with the Commission's s 127 order. However, the Commission's order contemplated that written advice to members might be necessary in addition to oral advice, and it was appropriate to order written notification directing members to cease industrial action and make themselves available for work.

Jurisdiction
Australia
Judgment Date
16 July 2003
Procedural Posture
Application for Interlocutory Relief for an Injunction Under S 127 of the Workplace Relations Act 1996 (cth), and for Penalties Under Ss 170 NF and 178 of That Act / Interlocutory Application
Outcome
Interlocutory relief granted in part; orders made requiring written notice to AMWU members and further directions.
Legal Topics
['industrial Action' 'union Compliance With Australian Industrial Relations Commission Order' 'interlocutory Injunction' 'mandatory Injunction']
['industrial Law' 'employment Law'] ['industrial Action' 'union Compliance With Australian Industrial Relations Commission Order' 'interlocutory Injunction' 'mandatory Injunction']

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Procedural Posture

Application for Interlocutory Relief for an Injunction Under S 127 of the Workplace Relations Act 1996 (cth), and for Penalties Under Ss 170 NF and 178 of That Act / Interlocutory Application

Legal Issues

  1. 1 ['Whether interlocutory relief should be granted requiring the AMWU to take steps to ensure its members comply with an Australian Industrial Relations Commission order made under s 127 of the Workplace Relations Act 1996 (Cth).' 'Whether the AMWU had taken all steps necessary and available under its rules to ensure that employees ceased industrial action and made themselves available for work.' 'Whether written notification to AMWU members should be ordered in addition to oral advice given at meetings.']

Ratio Decidendi

On the necessarily incomplete interlocutory evidence, the Court was not persuaded that all steps proposed by the applicant were necessary and available under the AMWU rules to ensure compliance with the Commission's s 127 order. However, the Commission's order contemplated that written advice to members might be necessary in addition to oral advice, and it was appropriate to order written notification directing members to cease industrial action and make themselves available for work.

Court Disposition

Interlocutory relief granted in part; orders made requiring written notice to AMWU members and further directions.

Orders

  • ['By 18 July 2003 the first respondent prepare and distribute to its members employed by the applicant at the Holden V6 site at Port Melbourne a notice in writing signed by Brendan Whelan and Steven Dargavel advising them of the making of the Order of the Australian Industrial Relations Commission of 12 June 2003 as...