Pacific National (ACT) Pty Limited v Australian Rail, Tram & Bus Industry Union [2005] FCA 1383

FEDERAL COURT OF AUSTRALIA

Pacific National (ACT) Pty Limited v Australian Rail, Tram & Bus Industry Union [2005] FCA 1383 INDUSTRIAL RELATIONS – negotiations for proposed enterprise agreement – notices of intention to take industrial action – application for interlocutory orders restraining the respondent from proceeding with industrial action – balance of convenience in favour of the granting of interlocutory relief – whether there is a serious question to be tried – meaning of "protected action" – proposed enterprise agreement must entirely pertain to the relationship between employer and employees – whether clause making a range of unspecified local agreements and customs applicable to the proposed enterprise agreement pertains to the employer/employee relationship – whether clause relating to the employment of contract labour or labour hire agency employees pertains to the employer/employee relationship Workplace Relations Act 1996 (Cth) ss 127, 170LI, 170ML, 170NC Electrolux Home Products Pty Ltd v Australian Workers' Union (2004) 209 ALR 116 followed Federated Clerks' Union of Australia v Victorian Employers' Federation (1984) 154 CLR 472 applied Finance Sector Union of Australia v Commonwealth Bank of Australia [2005] FCA 796 referred to Re Rural City of Murray Bridge Nursing Employees, ANF (Aged Care) – Enterprise Agreement 2004, PR952449, 29 October 2004 discussed Wesfarmers Premier Coal Ltd v Automotive Food, Metals, Engineering, Printing and Kindred Industries Union (No. 2) (2004) 138 IR 362 discussed R v Commonwealth Industrial Court Judges; Ex parte Cocks (1968) 121 CLR 313 cited R v Moore; Ex-parte Federated Miscellaneous Workers Union of Australia (1978) 140 CLR 470 cited PACIFIC NATIONAL (ACT) PTY LIMITED (ACN 052 134 362) AND PACIFIC NATIONAL (NSW) PTY LIMITED (ACN 099 150 688) v AUSTRALIAN RAIL, TRAM & BUS INDUSTRY UNION NSD 1613 OF 2005 TAMBERLIN J SYDNEY 27 SEPTEMBER 2005