Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Ambulance Victoria v United Voice [2014] FCA 1119 Citation: Ambulance Victoria v United Voice [2014] FCA 1119
Parties: AMBULANCE VICTORIA v UNITED VOICE
File number: VID 561 of 2014
Judge: TRACEY J
Date of judgment: 17 October 2014
Corrigendum: 18 November 2014
Catchwords: INDUSTRIAL LAW – proposed industrial action to release ambulance response time data to media – whether action constitutes industrial action of the kind protected by s 415 of the Fair Work Act 2009 (Cth) – whether the proposed action results in a restriction or limitation on or delay in the performance of the employee's normal duties
Legislation: Fair Work Act 2009 (Cth) ss 19, 343, 408, 409, 414, 415, 437 Workplace Relations Act 1996 (Cth) s 4
Cases cited: Australian Nursing Federation v Mornington Peninsula Shire Council [2011] FWA 4235 – considered Australian Nursing Federation v Mornington Peninsula Shire Council [2011] FWAFB 4809 – considered CFMEU v Giudice (1998) 159 ALR 1 – cited David's Distribution Pty Ltd v National Union of Workers (1999) 165 ALR 550 – considered
Date of hearing: 16 October 2014
Place: Melbourne
Division: FAIR WORK DIVISION
Category: Catchwords
Number of paragraphs: 30
Counsel for the Applicant: Mr F Parry QC and Ms R Sweet
Solicitor for the Applicant: Thomas Geer
Counsel for the Respondent: Mr E White
Solicitor for the Respondent: United Voice
FEDERAL COURT OF AUSTRALIA
Ambulance Victoria v United Voice [2014] FCA 1119 CORRIGENDUM 1. The last sentence in paragraph 20 of the reasons should read: "In dealing with the equivalent definition of "industrial action" under s 4 of the Workplace Relations Act 1996 (Cth), which notably, omitted the words "by an employee" after the words "performance of work" in the relevant paragraphs, their Honours expressed the view (at 570) that: …" I certify that the preceding one (1) numbered paragraph is a true copy of the Corrigendum of the Reasons for Judgment herein of the Honourable Justice Tracey.
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