Valley Power Pty Ltd v Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union

REASONS FOR JUDGMENT 1 This matter came on before me today as an urgent application for an interlocutory injunction, effectively seeking orders which would require a return to work. The matter was stood down and I am now informed by counsel for the two union respondents that there has been a return to work. The question is what course should the proceeding take now. Counsel for the applicant urges that I should adjourn the application for a few days because, he says, there is, these are not his words, but in essence a history of unreliability on the part of the union and the workforce representatives. Counsel says that various issues still remain to be worked out. 2 However, I think it would not be correct to take that course. 3 The application itself, that is, the substantive application, seeks permanent relief including, amongst other things, declarations and an order for payment of penalties. I cannot dispose of that today and that will remain on foot. However, what is before me today is an urgent application for an interlocutory injunction premised on the fact that the workforce at the site in question remainings. Once that state of affairs has ceased the basis for any interlocutory intervention by the Court disappears. 4 I do not think it would be right for the Court to adjourn the interlocutory injunction application so as to adopt some kind of supervisory role with a view to assisting in the solution of problems which may arise in the future. That function is one for the Australian Industrial Relations Commission and not for the Court. I think the appropriate course is simply to dismiss the application for an interlocutory injunction. The substantive application, as I have said, remains on foot. I think this should return to a Judge of the Industrial Panel and I will adjourn the directions hearing to a date to be fixed, as to which the parties can speak to the District Registrar. I certify that the preceding four (4) numbered paragraphs are a true copy of the Reasons for Judgment herein of the Honourable Justice Heerey.