Professional Officers Association (Victoria) v CSL Ltd [2001] FCA 628

FEDERAL COURT OF AUSTRALIA

Professional Officers' Association (Victoria) v CSL Ltd [2001] FCA 628 INDUSTRIAL LAW – one union excluded from negotiations with employer regarding a new enterprise agreement – claim of discrimination – whether discrimination against employees – whether injuring employee in employment– whether prejudicial alteration of employee's position – whether inducement to stop membership INTERLOCUTORY INJUNCTION – interlocutory orders sought restraining employer from denying representation to employees by excluding their union from negotiations for agreement – balance of convenience – serious question to be tried – whether irreparable harm – whether Commission the more appropriate forum – nature of the relief sought – history and attendant circumstances of the case

Workplace Relations Act 1996, ss 170NB, 298K, 298L, 298V, 298M

Patrick Stevedores Operations No 2 Pty Ltd v Maritime Union of Australia (1998) 195 CLR 1 applied Patrick Stevedores Operations No 2 Pty Ltd v Maritime Union of Australia (1998) 77 FCR 478 referred Slater Walker Superannuation Pty Ltd v Great Boulder Gold Mines Pty Ltd [1979] VR 107 referred Magna Alloys and Research Pty Ltd v Coffey [1981] VR 23 referred In the matter of CSL Enterprise Agreement 1999; CSL Limited v CPSU, delivered on 5 June 2000 (Print S6754) referred Professional Officers' Association (Victoria) v The Honourable Justice Guidice [2001] FCA 296 referred Waters v Public Transport Commission (1991) 173 CLR 349 referred Street v Queensland Bar Association (1989) 168 CLR 461 referred National Tertiary Education Industry Union v University of Technology, Sydney [2000] FCA 874 discussed Construction, Forestry, Mining and Energy Union v CSR Limited [2000] FCA 1203 discussed BHP Iron-Ore Pty Ltd v Australian Workers' Union (2000) 102 FCR 97 followed Australian Workers' Union v BHP Iron-Ore Pty Ltd (2001) 102 IR 410 referred PROFESSIONAL OFFICERS' ASSOCIATION (VICTORIA) v CSL LIMITED (ACN 051 588 348) V 345 of 2001 KENNY J MELBOURNE 31 MAY 2001