Maritime Union of Australia v Sydney International Container Terminals Pty Ltd [2015] FCA 855

FEDERAL COURT OF AUSTRALIA

Maritime Union of Australia v Sydney International Container Terminals Pty Ltd [2015] FCA 855 Citation: Maritime Union of Australia v Sydney International Container Terminals Pty Ltd [2015] FCA 855

Parties: MARITIME UNION OF AUSTRALIA v SYDNEY INTERNATIONAL CONTAINER TERMINALS PTY LTD and BRISBANE CONTAINER TERMINALS PTY LTD

File number: QUD 690 of 2015

Judge: RANGIAH J

Date of judgment: 14 August 2015

Catchwords: PRACTICE AND PROCEDURE – application for urgent interim injunction – whether prima facie case – whether damages adequate remedy – balance of convenience – whether restraining order or mandatory order appropriate

Legislation: Fair Work Act 2009 (Cth) ss 50, 418 and 545 Federal Court Rules 2011 (Cth) r 39.05

Date of hearing: 13 August 2015

Place: Brisbane (heard in Sydney via video link)

Division: FAIR WORK DIVISION

Category: Catchwords

Number of paragraphs: 22

Counsel for the Applicant: Mr S Crawshaw SC

Solicitor for the Applicant: Slater & Gordon

Counsel for the Respondents: Mr J Fernon SC

Solicitor for the Respondents: Baker & McKenzie

IN THE FEDERAL COURT OF AUSTRALIA QUEENSLAND DISTRICT REGISTRY FAIR WORK DIVISION QUD 690 of 2015

BETWEEN: MARITIME UNION OF AUSTRALIA

Applicant

AND: SYDNEY INTERNATIONAL CONTAINER TERMINALS PTY LTD

First Respondent

BRISBANE CONTAINER TERMINALS PTY LTD

Second Respondent

JUDGE: RANGIAH J DATE OF ORDER: 14 AUGUST 2015 WHERE MADE: BRISBANE (HEARD IN SYDNEY VIA VIDEO LINK)

UPON the applicant, by their counsel: 1. Giving the usual undertaking as to damages; and 2. Undertaking to the Court to reimburse to the respondents in the event that the proceedings are dismissed: a. the base rate of pay pursuant to Schedule 4 of the Sydney International Container Terminals Pty Limited (SICTL) Brisbane Container Terminals Pty Limited (BCT) Maritime Union of Australia Terminals Greenfields Enterprise Agreement 2013 ("the Agreement") or payment as per appointment under Schedule 4 or Schedule 5 of the Agreement paid by the respondents to those employees who were to be terminated on 14 August 2015; and b. any superannuation, leave benefits, income protection and payroll tax referable to the payment of that base rate of pay or payment as per appointment, subject to the following: c. there will be no requirement on the applicant to reimburse amounts for the said employees that would have been payable but for the injunction being granted; and d. there will be no requirement on the applicant to reimburse amounts for the said employees in relation to periods of time when the said employees were usefully employed in any available stevedoring operations associated with the Agreement.