Davids Distribution Pty Ltd v National Union of Workers [1999] FCA 1108

FEDERAL COURT OF AUSTRALIA

Davids Distribution Pty Ltd v National Union of Workers [1999] FCA 1108

INDUSTRIAL LAW – Termination of employment – Application for leave to appeal against interlocutory orders restraining employer from termination or requiring the reinstatement, of the employment of 53 employees – Whether primary judge erred in holding there was a serious question to be tried in relation to alleged contraventions of ss170MU and 298 of Workplace Relations Act - Whether primary judge should have disqualified himself on the ground of perceived bias – Dispute over log of claims resulted in industrial action involving picketing – Whether picketing is "industrial action" within the meaning of the Workplace Relations Act - Whether notice necessary for "protected action" was given – Whether the picketing was in concert with other unions or persons – Whether reinstatement orders may be made under s298U of the Act only after final determination of the matter.

Workplace Relations Act 1996, ss4, 170ML, 170MM, 170MO, 170MT, 170MU, 170NG, 170NH, 298K, 298L, 298U and 298V.

DAVIDS DISTRIBUTION PTY LIMITED v NATIONAL UNION OF WORKERS

NG900 of 1998

WILCOX, BURCHETT and COOPER JJ

SYDNEY

13 AUGUST 1999

IN THE FEDERAL COURT OF AUSTRALIA

NEW SOUTH WALES DISTRICT REGISTRY NG 900 of 1998

ON APPEAL FROM A JUDGE OF THE FEDERAL COURT OF AUSTRALIA

BETWEEN: DAVIDS DISTRIBUTION PTY LIMITED

Applicant

AND: NATIONAL UNION OF WORKERS

Respondent

JUDGES: WILCOX, BURCHETT and COOPER JJ

DATE OF ORDER: 13 AUGUST 1999

WHERE MADE: SYDNEY

THE COURT ORDERS THAT: 1. Leave be granted to appeal against the orders made by North J on 1 December 1998. 2. The appeal be dismissed.

Note: Settlement and entry of orders is dealt with in Order 36 of the Federal Court Rules.