Independent Education Union of Australia v Canonical Administrators, Barkly Street, Bendigo & Ors [1998] FCA 1127

FEDERAL COURT OF AUSTRALIA INDUSTRIAL LAW – Industrial Relations Court of Australia – jurisdiction – whether Court has jurisdiction to entertain an application pursuant to s 170NG of the Workplace Relations Act 1996 – Federal Court of Australia – whether the Court has jurisdiction to entertain an application pursuant to s 170NG of the Workplace Relations Act 1996 where no application made for imposition of penalty – power to grant an injunction to restrain alleged contravention of Workplace Relations Act - industrial action – whether an employer has authorised or agreed to action by an employee – whether a refusal by an employer to pay salary in respect of a period of industrial action contravenes s 170MU of the Workplace Relations Act – application of s 187AA of Workplace Relations Act – whether prohibition of payment to employee in relation to period of industrial action extends to period of protected action under Part VIB Division 8.

Workplace Relations Act 1996 (Cth), ss 4(1), 124, 127, 170ML, 170MO, 170MT, 170MU, 170ND, 170NE, 170NF, 170NG, 170NH, 412 Judiciary Act 1903 (Cth), s 39B(1A) Federal Court of Australia Act 1976 (Cth), ss 22, 23 Workplace Relations and Other Legislation Amendment Act 1996 (Cth), s 2, Schedules 13 and 16 Industrial Relations Act 1988 (Cth), s 412(1)(a) Felton v Mulligan (1971) 124 CLR 367 In Re Judiciary and Navigation Acts (1921) 29 CLR 257 Transport Workers Union of Australia v Lee (unreported Black CJ, Ryan and Goldberg JJ, 30 June 1998) Thomson Australian Holdings Pty Ltd v The Trades Practices Commission (1981) 148 CLR 150 QIW Retailers Ltd v Davids Holdings Pty Ltd (No 1) 36 FCR 386 Philip Morris Inc v Adam P. Brown Male Fashions Pty Ltd (1981) 148 CLR 457 Patrick Stevedores Operations No 2 Pty Ltd v Maritime Union of Australia [No 3] (1998) 72 ALJR 873 Gapes v Commercial Bank of Australia (1979) 41 FLR 27 Welbourn v Australian Postal Commission [1984] VR 257 Australian Bank Employees Union v National Australia Bank Ltd (1989) 31 IR 436 Csomore v Public Service Board (1986) 10 NSWLR 587 Electricity Commission of New South Wales v The Federated Engine Drivers and Firemen's Association of Australasia (NSW) [1975] AR 504 New South Wales Teachers' Federation v Department of Education [1980] IAS(CR) 767 Sim v Rotherham Metropolitan Borough Council [1987] 1 Ch 216 House of Lords in Miles v Wakefield Metropolitan District Council [1987] AC 539