Sydney Ferries Corporation v Australian Maritime Officers Union [2008] FCA 817

FEDERAL COURT OF AUSTRALIA

Sydney Ferries Corporation v Australian Maritime Officers Union [2008] FCA 817

INDUSTRIAL RELATIONS – Industrial dispute between Sydney Ferries Corporation and unions over introduction of new 'crew-based' roster system – application by Corporation for injunctive relief and penalties withdrawn without explanation – Corporation subsequently makes a similar application to the Australian Industrial Relations Commission – respondents file motions for an anti-suit injunction – whether such an injunction should be granted

Workplace Relations Act 1996 (Cth), ss 420, 494, 496, 849

CSR Ltd v Cigna Insurance Australia Ltd (1997) 189 CLR 345 applied Henry v Henry (1996) 185 CLR 571 referred to National Mutual Holdings Pty Ltd v The Century Corporation (1989) 22 FCR 209 referred to Transport Workers' Union of New South Wales v Australian Industrial Relations Commission [2008] FCAFC 26 referred to Miller v University of New South Wales (2003) 127 IR 432 referred to SYDNEY FERRIES CORPORATION v AUSTRALIAN MARITIME OFFICERS UNION, MARITIME UNION OF AUSTRALIA & SEAMENS' UNION OF AUSTRALIA, NEW SOUTH WALES BRANCH AND AUSTRALIAN INSTITUTE OF MARINE AND POWER ENGINEERS NSD 759 OF 2008

SACKVILLE J

30 MAY 2008

SYDNEY

IN THE FEDERAL COURT OF AUSTRALIA

NEW SOUTH WALES DISTRICT REGISTRY NSD 759 OF 2008

BETWEEN: SYDNEY FERRIES CORPORATION

Applicant

AND: AUSTRALIAN MARITIME OFFICERS UNION

First Respondent

MARITIME UNION OF AUSTRALIA & SEAMENS' UNION OF AUSTRALIA, NEW SOUTH WALES BRANCH

Second Respondent

AUSTRALIAN INSTITUTE OF MARINE AND POWER ENGINEERS

Third Respondent

JUDGE: SACKVILLE J DATE OF ORDER: 30 MAY 2008

WHERE MADE: SYDNEY

THE COURT ORDERS THAT:

1. Pending the hearing and determination of the proceedings in this Court, or until further order, Sydney Ferries Corporation (whether by itself, its servants or agents or otherwise) be restrained from taking any further action to obtain orders under s 496 of the Workplace Relations Act 1996 (Cth)in the Australian Industrial Relations Commission in respect of alleged industrial action concerning compliance with rosters. 2. Order 1 shall not prevent Sydney Ferries Corporation advising the Australian Industrial Relations Commission of these orders. Note: Settlement and entry of orders is dealt with in Order 36 of the Federal Court Rules.