Maritime Union of Australia v DP World Melbourne Limited [2014] FCA 134

FEDERAL COURT OF AUSTRALIA

Maritime Union of Australia v DP World Melbourne Limited [2014] FCA 134 Citation: Maritime Union of Australia v DP World Melbourne Limited [2014] FCA 134

Parties: THE MARITIME UNION OF AUSTRALIA and MARK ANTHONY JOHNSTON v DP WORLD MELBOURNE LIMITED

File number: VID 74 of 2014

Judge: NORTH J

Date of judgment: 18 February 2014

Date of hearing: 14, 18 February 2014

Place: Melbourne

Division: GENERAL DIVISION

Category: No Catchwords

Number of paragraphs: 30

Counsel for the Applicants: Mr S Moore

Solicitor for the Applicants: Maurice Blackburn

Counsel for the Respondent: Mr R Dalton with Mr R O'Neill

Solicitor for the Respondent: Seyfarth Shaw Australia

IN THE FEDERAL COURT OF AUSTRALIA VICTORIA DISTRICT REGISTRY GENERAL DIVISION VID 74 of 2014

BETWEEN: THE MARITIME UNION OF AUSTRALIA

First Applicant

MARK ANTHONY JOHNSTON

Second Applicant

AND: DP WORLD MELBOURNE LIMITED

Respondent

JUDGE: NORTH J DATE OF ORDER: 18 FEBRUARY 2014 WHERE MADE: MELBOURNE

UPON THE FIRST APPLICANT by its counsel undertaking to: (a) submit to such order (if any) as the Court may consider to be just for the payment of compensation, to be assessed by the Court or as it may direct, to any person, whether or not a party, adversely affected by the operation of the interlocutory order or undertaking or any continuation (with or without variation) thereof; (b) pay the compensation referred to in (a) to the person there referred to; (c) distribute and orally explain, at the time of any such distribution, to its members employed by the Respondent at West Swanson Dock in Melbourne (the dock) any Reasons for Judgment published by the Court (or other statement issued by the Court) in relation to the Applicants' application for interlocutory relief dated 14 February 2014, AND UPON THE SECOND APPLICANT by his counsel undertaking, until the hearing and determination of the Application or further order, to: (d) submit to an arrangement for the allocation of shifts whereby, without any loss of income to that which he received in his employment immediately prior to 28 January 2014 or change in Fixed Salary Employee classification of employment, he is: (i) rostered to work at the Intermodal Plant for the Respondent's operations at the dock; and (ii) not rostered to work with Annette Coombe (Coombe) or Sharon Bowker (Bowker) and where priority, in the allocation of shifts as between him, Coombe and Bowker, is to be given to Bowker and Coombe; (e) not seek to communicate with or contact Coombe, Bowker, Stewart Bennier or Stephen Zwarts, or procure any other person (save for his legal representatives) to do so; and (f) not undertake activities as a union delegate, save for those relating to the negotiation of a new enterprise agreement to apply at the dock, THE COURT ORDERS THAT: 1. Until the hearing and determination of the Application or further order, the Respondent reinstate the Second Applicant to his former employment with it on the terms and conditions which applied immediately prior to 28 January 2014. 2. The Application is adjourned to a directions hearing at 10.15 am on 28 March 2014. 3. The Application is referred to mediation by a Registrar of the Court. Such mediation to occur after 28 March 2014. 4. There be no order as to costs. Note: Entry of orders is dealt with in Rule 39.32 of the Federal Court Rules 2011.