Transport Workers Union of Australia v BP Australia Ltd [2001] FCA 1174

FEDERAL COURT OF AUSTRALIA

Transport Workers' Union of Australia v BP Australia Ltd [2001] FCA 1174

INDUSTRIAL LAW – application for interlocutory injunction – decision to contract out refuelling services and to dismiss employees – whether serious question to be tried under s 298K(1) and s 170NC(1) of the Workplace Relations Act 1996 – balance of convenience

Workplace Relations Act 1996 (Cth), ss 170NC, 298K, 298L(1)(h), 298L(1)(l)

Greater Dandenong City Council v Australian Municipal, Clerical and Services Union [2001] FCA 349 applied Maritime Union of Australia v Geraldton Port Authority (1999) 93 FCR 34 referred Davids Distribution Pty Ltd v National Union of Workers (1999) 91 FCR 463 referred Transport Workers' Union of Australia v Mayne Nickless Limited [1997] FCA 1514 referred Cadbury Schweppes Pty Ltd v Australian Liquor, Hospitality and Miscellaneous Workers' Union [2000] FCA 1793 referred Finance Sector Union of Australia v Commonwealth Bank of Australia (2000) 106 FCR 16 referred National Union of Workers v Qenos Pty Ltd [2001] FCA 178 referred Seven Network (Operations) Ltd v Communications, Electrical, Electronic, Energy Information, Postal, Plumbing and Allied Services Union of Australia [2001] FCA 456 referred Schanka v Employment National (Administration) Pty Ltd (2000) 170 ALR 42 referred Crescendo Management Pty Ltd v Westpac Banking Corporation (1988) 19 NSWLR 40 referred BHP Iron Ore Pty Ltd v Australian Workers' Union (2000) 102 FCR 97 referred Victorian Egg Marketing Board v Parkwood Eggs Pty Ltd (1978) 33 FLR 294 cited Town & Country Sport Resorts (Holdings) Pty Ltd v Partnership Pacific Limited (1988) 20 FCR 540 referred Thomas A Edison Ltd v Bullock (1912) 15 CLR 679 referred TRANSPORT WORKERS' UNION OF AUSTRALIA v BP AUSTRALIA LTD ACN 004 085 616 V 837 of 2001 KENNY J 23 AUGUST 2001 MELBOURNE