Transport Workers' Union of Australia & Ors v Lee, Graham Meyrick [1998] FCA 756

FEDERAL COURT OF AUSTRALIA INDUSTRIAL RELATIONS - industrial dispute relating to alleged threatened action by the Queensland branch of the Transport Workers Union - proceedings fixed for hearing in the Industrial Magistrates' Court at Kingaroy alleging contravention of s 61 of the Workplace Relations Act 1997 (Qld) ("the Queensland Act") - further particulars provided - application in the Federal Court brought by the Federal branch of the Union and two respondents to the Queensland proceedings - whether the further and better particulars allege conduct which is "protected action" within the meaning of s 170ML of the Workplace Relations Act 1996 (Cth) ("the Workplace Relations Act") - interlocutory injunction granted restraining the hearing and determination or taking further steps in the Queensland proceedings - application for leave to appeal allowed - whether a party not served with notice initiating a bargaining period was a negotiating party for the purposes of the Workplace Relations Act - ss 170MI and 170MO(2)(b) of the Workplace Relations Act. JURISDICTION - whether there was a "matter" before the Court within the meaning of s 39B(1A) of the Judiciary Act 1903 (Cth) - whether threats to take industrial action was "protected action" within the meaning of s 170MT of the Workplace Relations Act - consideration of the meaning of "industrial action" - application of s 170MM(1) of the Workplace Relations Act. INJUNCTIONS - principles relating to anti-suit injunctions - exercise of discretion - weight given to evidence - evidence that the industrial action intended to advance the Unions' federal campaign - failure to consider that the Queensland proceedings related to conduct said to be in breach of the Queensland Act - whether too much weight was placed on the right of appeal from a determination of the Magistrates' Court as compared to the Federal Court.