PWB Anchor Ltd v Automotive, Food, Metals, Engineering, Printing & Kindred Industries Union [2000] FCA 1482

PWB Anchor Ltd v Automotive, Food, Metals, Engineering, Printing & Kindred Industries Union [2000] FCA 1482

There is a serious question to be tried that the current indefinite strike is not protected action because the notices given did not comply with s 170MO by failing to provide three days' notice, and the notices may be insufficiently specific; accordingly, interlocutory injunctive relief is justified to restrain further industrial action.

Parties
Applicant: PWB Anchor Ltd; First Respondent: Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union; Second Respondent: Australian Workers' Union
Jurisdiction
Australia
Judgment Date
13 October 2000
Procedural Posture
Application for Interlocutory Injunction / Interlocutory Decision
Outcome
Grant of interlocutory injunction
Legal Topics
Strike Action, Protected Industrial Action, Notice Requirements Under Workplace Relations Act, Enterprise Agreements, Interlocutory Relief
Industrial Law Strike Action Protected Industrial Action Notice Requirements Under Workplace Relations Act Enterprise Agreements Interlocutory Relief

Case Brief

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Parties

PWB Anchor Ltd

Applicant

Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union

First Respondent

Australian Workers' Union

Second Respondent

Procedural Posture

Application for Interlocutory Injunction / Interlocutory Decision

Legal Issues

  1. 1 Whether the strike constitutes protected industrial action under s 170ML of the Workplace Relations Act 1996 (Cth)
  2. 2 Whether notices given comply with s 170MO (requirements for protected action)
  3. 3 Whether three days’ notice of strike was given

Ratio Decidendi

There is a serious question to be tried that the current indefinite strike is not protected action because the notices given did not comply with s 170MO by failing to provide three days' notice, and the notices may be insufficiently specific; accordingly, interlocutory injunctive relief is justified to restrain further industrial action.

Court Disposition

Grant of interlocutory injunction

Orders

  • Respondents restrained from taking, continuing, or threatening industrial action including rolling stoppages or indefinite strike based on notices dated 11 September 2000 and 9 October 2000;
  • Respondents required to bring terms of the order to the notice of applicant’s employees who are union members by 9.00am on 16 October 2000;