Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
BHP Billiton Minerals Pty Ltd v Maritime Union of Australia [2014] FCA 1357 Citation: BHP Billiton Minerals Pty Ltd v Maritime Union of Australia [2014] FCA 1357
Parties: BHP BILLITON MINERALS PTY LTD v THE MARITIME UNION OF AUSTRALIA and WILLIAM WARREN TRACEY
File number(s): WAD 342 of 2012
Judge(s): BUCHANAN J
Date of judgment: 12 December 2014
Catchwords: INDUSTRIAL LAW – unlawful industrial action – where respondents instigated unlawful industrial action by members of the first respondent – where unlawful industrial action caused disruption to the applicant's business and resulted in commercial losses – where parties agreed on liability of the respondents – determination of appropriate penalty – whether unlawful industrial action was a worst possible case justifying maximum penalty
Legislation: Corporations Act 2001 (Cth), s 50 Fair Work Act 2009 (Cth), ss 19, 417, 408, 539(2), 545, 550(2) Fair Work (Registered Organisations) Act 2009 (Cth) Teekay Shipping (Australia) Pty Ltd / MUA Port Hedland Towage Operations General Purpose Hands Fair Work Agreement 2010
Cases cited: Australian Securities and Investments Commission v Ingleby (2013) 275 FLR 171 Deputy Commissioner of Taxation (Superannuation) v Graham Family Superannuation Pty Limited [2014] FCA 1101 Minister for Industry, Tourism & Resources v Mobil Oil Australia Pty Ltd [2004] FCAFC 72 NW Frozen Foods Pty Ltd v Australian Competition and Consumer Commission (1996) 71 FCR 285
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