Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Sydney Ferries Corporation v Australian Maritime Officers Union [2008] FCAFC 193
INDUSTRIAL LAW – collective agreement between employer and union – whether on proper construction of the agreement employer could unilaterally introduce crew based rosters – interpretation in light of preceding agreement between the parties – no right to alter rosters without agreement – no error in analysis or conclusions of trial judge – appeal dismissed COSTS – whether costs available in accordance with s 824(2) Workplace Relations Act 1996 (Cth) – application for anti-suit injunction prompted by act of the appellant – whether unreasonable act must have been committed in connection with the proceedings – no error in construction of relevant provisions by the trial judge – appeal against costs order dismissed Workplace Relations Act 1996 (Cth) s 824 Ruddock v Vadarlis (No 2) (2001) 115 FCR 229 - applied Sydney Ferries Corporation v Australian Maritime Officer Union [2007] AIRCFB 909; (2007) 168 IR 122 - referred to Sydney Ferries Corporation v Australian Maritime Officers Union (2008) 173 IR 223 - referred to Sydney Ferries Corporation v Australian Maritime Officers Union (No 2) [2008] FCA 954 - affirmed Sydney Ferries Corporation v Australian Maritime Officers Union (No 3) [2008] FCA 960 - affirmed SYDNEY FERRIES CORPORATION v AUSTRALIAN MARITIME OFFICERS UNION
NSD 1089 of 2008
BLACK CJ, NORTH AND BUCHANAN JJ
18 DECEMBER 2008
SYDNEY
IN THE FEDERAL COURT OF AUSTRALIA
NEW SOUTH WALES DISTRICT REGISTRY NSD 1089 of 2008
ON APPEAL FROM A SINGLE JUDGE OF THE FEDERAL COURT OF AUSTRALIA
BETWEEN: SYDNEY FERRIES CORPORATION
Appellant
AND: AUSTRALIAN MARITIME OFFICERS UNION
Respondent
JUDGES: BLACK CJ, NORTH AND BUCHANAN JJ
DATE OF ORDER: 18 DECEMBER 2008
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