Henry Walker Eltin Contracting Pty Ltd ACN 009 625 138 v Construction, Forestry, Mining & Energy Union

1 I am prepared to grant injunctions generally in terms of the motion, but limited until 7 am in the morning, when the shifts at both Stratford and Ebenezer Mines presently affected by the strike are scheduled to end. 2 The sworn evidence is that at Ebenezer almost a full shift crew is actually on site now, but disruption is occurring because three workers who constitute the wash plant team have not attended for work. The sworn evidence is that the spokesman, as he was described by the witness, for that group of three men at Ebenezer has indicated that if the Court were, at this late hour, to grant an injunction, the wash plant team would very promptly return to work and some purpose would therefore be served by the injunction. 3 The evidence and unsworn information in relation to Stratford is not as clear. However, it is to the effect that a union delegate is actually on site at Stratford, even though no members of the shift scheduled now to be working have attended. The information is that that official, who is to be identified in an affidavit to be sworn by the solicitor for the applicants who is making this application, has indicated that he will take action with a view to ensuring, so far as he is able, that the Stratford shift which should presently be working returns to work very promptly if an injunction is now granted. 4 There is, however, no reliable evidence or information of any kind before me sufficient to justify this Court issuing injunctions which will extend beyond 7 am tomorrow, 20 June 2000. I will therefore make an order along the lines of par 2 of the application which will operate only until 7 am tomorrow. 5 I think an order in terms of par 2 with those modifications is all that is appropriate on the unsworn information and sworn evidence that is before me. That will be on your giving the usual undertaking as to damages on behalf of your client. The order will be made on those terms.