Bluescope Steel Limited v Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia [2005] FCA 3

FEDERAL COURT OF AUSTRALIA

Bluescope Steel Limited v Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia [2005] FCA 3

WORKPLACE RELATIONS – interlocutory injunction sought by applicant to restrain respondent union from imminent stoppage of work action – workplace agreement with nominal expiry date 28 June 2004 – initiating notice for bargaining period given on 26 April 2004 industrial action commenced by union in September 2004 – respondent sent notification of proposed industrial action to applicant by fax – whether notice by fax constitutes "written notice" under s 28A(2)(a) of the Workplace Relations Act – whether notification invalid because included an impermissible claim – whether "bargaining period" in existence – whether serious question to be tried – discretionary factors – applicant had accepted earlier notices by fax from respondent and was aware of impermissible claim and stood by and did nothing until commencing action in early January 2005 on short notice WORDS AND PHRASES – "bargaining period" – "written notice" Workplace Relations Act 1996 (Cth) s 170MI(2), 179MJ(c), s 170MO(2), s 170ML, s 170NC(2), 170NC(1), s 170M1(2), s 170MK(a), s 170ML ; Acts Interpretation Act 1901 (Cth), s 28A ; R v Judges of the Commonwealth Industrial Court: ex parte Cocks (1968) 121 CLR 313 at 317-320 cited ; CFMEU v Mount Thorley Operations Pty Ltd (1997) 79 FCR 96 at 107-110 cited ; Wesfarmers Premier Co Limited v AFMEPKIU (No.2) [2004] FCA 1737 at [104]-[109] applied ; Electrolux Home Products Pty Ltd v Australian Workers Union (2004) 209 ALR 116 cited ; Project Blue Sky Inc v Australian Broadcasting Authority (1998) 194 CLR 355 at [93] applied ; Hastie & Jenkinson v McMahon [1990] 1 WLR 1575 referred to ;

BLUESCOPE STEEL LIMITED vCOMMUNICATIONS, ELECTRICAL, ELECTRONIC, ENERGY, INFORMATION, POSTAL, PLUMBING AND ALLIED SERVICES UNION OF AUSTRALIA