Transfield Pty Ltd v Communications Electrical Electronic Energy Information Postal Plumbing and Allied Services Union of Australia [2002] FCA 870

FEDERAL COURT OF AUSTRALIA

Transfield Pty Ltd v Communications Electrical Electronic Energy Information Postal Plumbing and Allied Services Union of Australia [2002] FCA 870

INDUSTRIAL LAW – application for interlocutory injunction restraining strike at gas facilities site – certified agreements in place – union respondents pursuing site-specific agreement with applicant – striking workers either employed by applicant or joint venturer – applicant suffering significant loss – whether serious question to be tried as to responsibility of respondent unions for strike – whether joint venturer's workers fall within terms of s 170MN (1) Workplace Relations Act 1996 (Cth)

Workplace Relations Act 1996 (Cth) s 170MN (1) TRANSFIELD PTY LTD v COMMUNICATIONS ELECTRICAL ELECTRONIC ENERGY INFORMATION POSTAL PLUMBING AND ALLIED SERVICES UNION OF AUSTRALIA AND OTHERS NO V 427 OF 2002 HEEREY J 8 JULY 2002 MELBOURNE

IN THE FEDERAL COURT OF AUSTRALIA

VICTORIA DISTRICT REGISTRY V 427 OF 2002

BETWEEN: TRANSFIELD PTY LTD (ACN 000 854 688)

APPLICANT

AND: COMMUNICATIONS ELECTRICAL ELECTRONIC ENERGY INFORMATION POSTAL PLUMBING AND ALLIED SERVICES UNION OF AUSTRALIA and OTHERS

RESPONDENTS

JUDGE: HEEREY J

DATE OF ORDER: 8 JULY 2002

WHERE MADE: MELBOURNE

THE COURT ORDERS THAT: 1. Until the hearing and determination of the proceeding or 31 March 2003 (whichever is earlier) or further order: (a) the sixth to fourteenth respondents be restrained from continuing the strike action commenced on 2 July 2002 and that they be further restrained from failing to work in accordance with the terms of the certified agreement binding upon them for the purpose of supporting or advancing a claim for improvements to their terms and conditions of employment where those terms and conditions of employment are set out in and covered by the terms of the certified agreements binding upon them through the negotiation and operation of a site-specific agreement to operate at the Patricia Baleen Onshore Facility site. 2. Liberty to apply be reserved. Note: Settlement and entry of orders is dealt with in Order 36 of the Federal Court Rules.