Skilled Engineering Limited v Automotive, Food, Metals, Engineering, Printing And Kindred Industries Union [2001] FCA 1397

Skilled Engineering Limited v Automotive, Food, Metals, Engineering, Printing And Kindred Industries Union [2001] FCA 1397

Because both the relevant collective agreement and statute prohibit industrial action before expiry, and on evidence the unions were at least concerned in procuring a strike, orders against the unions and striking workers are appropriate. However, if relief against the unions is ineffective (since workers will not return regardless), the order should be against the striking employees themselves but not the unions.

Parties
Applicant: Skilled Engineering Limited; First Respondent: Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union; Second Respondent: Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia
Jurisdiction
Australia
Judgment Date
28 September 2001
Procedural Posture
Industrial Law Matter (application for Injunction) / Interlocutory Injunction; Reasons for Judgment
Outcome
Order made adding striking workers as respondents; injunction restraining continuation of the strike against them; no further injunction against the unions.
Legal Topics
Industrial Action, Injunctions, Specific Performance of Employment Contracts, Certified Agreements Under Workplace Relations Act 1996 (cth), Collective Bargaining
Industrial Law Industrial Action Injunctions Specific Performance of Employment Contracts Certified Agreements Under Workplace Relations Act 1996 (cth) Collective Bargaining

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Parties

Skilled Engineering Limited

Applicant

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

First Respondent

Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia

Second Respondent

Procedural Posture

Industrial Law Matter (application for Injunction) / Interlocutory Injunction; Reasons for Judgment

Legal Issues

  1. 1 Whether union can engage in industrial action for purposes of s 170MN of the Workplace Relations Act 1996 (Cth)
  2. 2 Whether restraining order (injunction) should be granted or continued against unions
  3. 3 Proper form of injunction and 'give notice' orders

Ratio Decidendi

Because both the relevant collective agreement and statute prohibit industrial action before expiry, and on evidence the unions were at least concerned in procuring a strike, orders against the unions and striking workers are appropriate. However, if relief against the unions is ineffective (since workers will not return regardless), the order should be against the striking employees themselves but not the unions.

Court Disposition

Order made adding striking workers as respondents; injunction restraining continuation of the strike against them; no further injunction against the unions.

Orders

  • Striking workers added as respondents.
  • Order restraining the striking employees from continuing the strike.