Eastern Basin Pty Ltd v Maritime Union of Australia [1999] FCA 535

FEDERAL COURT OF AUSTRALIA

Eastern Basin Pty Ltd v Maritime Union of Australia [1999] FCA 535 EASTERN BASIN PTY LIMITED v MARITIME UNION OF AUSTRALIA & JAMES BOYLE

N 226 of 1999 HELY J 30 APRIL 1999 SYDNEY

IN THE FEDERAL COURT OF AUSTRALIA

NEW SOUTH WALES DISTRICT REGISTRY N 226 OF 1999

BETWEEN: EASTERN BASIN PTY LIMITED

Applicant

AND: MARITIME UNION OF AUSTRALIA

First Respondent

JAMES BOYLE

Second Respondent

JUDGE: HELY J

DATE OF ORDER: 30 APRIL 1999

WHERE MADE: SYDNEY

On the applicant giving the usual undertaking as to damages:

THE COURT ORDERS THAT: 1. (a) Until the hearing and determination of this matter or further order, the respondents be restrained (whether by themselves, their officials, delegates, employees, agents or howsoever otherwise) from directing, procuring, persuading, advising or authorising members of the first respondent to refuse to perform work in connection with the loading or unloading of any ship or vessel which berths or is due to berth at Eastern Basin wharf in the Port of Newcastle provided that the applicant gives the respondents at least 24 hours notice in writing (not including any public holiday or weekends) of the contractual relationships involving the ship or vessel and the applicant. (b) The respondents do forthwith revoke and cancel any threat, instruction, direction or advice given to any other person to carry out any act of a kind referred to in (a).

2. (a) Subject to the first respondent and/or second respondent being advised (by either the applicant or Patrick Stevedores Holdings Pty Ltd (ACN 060 462 919), in the manner set out in paragraph (b) below) of the names and addresses of those members of the first respondent who are expected to be engaged in the loading or unloading of a ship or vessel referred to in Order 1, the second respondent or an authorised representative of the first respondent will deliver a letter to those members of the first respondent expected to be engaged in the loading or unloading of the ship or vessel. The said letter will set out the terms of Order 1 and the recommendation in paragraph (c) below, and will be delivered at least 12 hours prior to the shift starting. A letter shall be sufficiently delivered if handed personally to the employee, or left for him at the notified address. (b) The advice referred in paragraph 2(a) above shall be in writing and shall be given by either the applicant or Patrick Stevedores Holdings Pty Ltd (ACN 060 462 919) at least 36 hours before the expected starting time for any shift expected to load or unload the ship or vessel. Save, that if the expected starting time for any shift is on a Sunday, Monday or Tuesday, the written notice shall be given by 9 am on the Friday preceding. (c) The letter referred to in paragraph 2(a) shall contain a recommendation that each employee performs work in accordance with his or her contract of employment, in relation to the loading and unloading of the ship or vessel. (d) The second respondent or an authorised representative of the first respondent will attend the amenities shed at Eastern Basin wharf prior to the starting time of each shift and put a copy of the letter in at least three prominent places in the amenities shed, provided access to the shed is not denied to the person in question by the applicant.