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Paper Australia Pty Ltd v CEPU


Case Number: VID 554/2007
Applicants: Paper Australia Pty Ltd
Respondent: CEPU
Before: North J., Federal Court of Australia, Melbourne
Hearings: 22 June 2007
ABC Commissioner's notice to intervene filed on: 22 June 2007

On 20 June 2007, Senior Deputy President Watson made an order in the AIRC upon the application of Paper Australia Pty Ltd pursuant to s.496 of the Workplace Relations Act 1996 to stop industrial action that was being taken by electrical trades employees engaged by various contractors at the company’s paper mill at Maryvale in Morwell. The order was to remain in force until 27 June 2007.

On 22 June 2007 it appeared to the company that industrial action in breach of the AIRC order was occurring in that CEPU members employed by contractors at the Maryvale plant were refusing to work. The company made an urgent application to the Federal Court for injunctions and penalties for breaches of the s.496 order and a hearing was convened at 6.00pm on 22 June.

The court issued an order that the union provide a notice to the employees to advise them that if they were obliged by the terms of their employment to work on the following three days then they must do so. Following the court's order further discussions between the company and the union resulted in the company discontinuing its application on 25 June.