Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Metro Trains Melbourne Pty Ltd v Australian Rail, Tram and Bus Union Industry [2019] FCA 1265 File number: VID 833 of 2019
Judge: SNADEN J
Date of judgment: 9 August 2019
Date of publication of reasons 19 August 2019
Catchwords: INDUSTRIAL LAW – application for interlocutory relief – application for an injunction restraining the union from organising proposed industrial action – whether there is a prima facie case that favours injunctive relief – whether the balance of convenience favours injunctive relief – whether proposed union activity falls within the definition of protected industrial action – whether the union made misleading statements about the effect of proposed industrial action – whether proposed industrial action amounts to a threat to engage in conduct with intent to coerce particular responses – interlocutory application granted – mandatory orders made
Legislation: Federal Court of Australia Act 1976 (Cth) s 23 Fair Work Act 2009 (Cth) Pts 2-4, 3-1, ss 12, 19, 341, 343, 345, 347, 348, 361, 408, 409, 414, 415, 539, 545 Transport (Compliance and Miscellaneous) Act 1983 (Vic) ss 56, 221AA, 230AH Transport (Compliance and Miscellaneous) (Ticketing) Regulations 2017 (Vic) regs 5, 6, 7 Transport (Infringements) Regulations 2010 (Vic) Sch 2, reg 6
Cases cited: Ambulance Victoria v United Voice (2014) 245 IR 375 Australian Broadcasting Corporation v O'Neill (2006) 227 CLR 57 Australian Workers' Union v Chemring Australia Pty Ltd [2019] FCA 750 Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union (AMWU) v O-I Operations (Australia) Pty Ltd [2019] FCA 1272 Automotive, Food, Metals, Engineering, Printing And Kindred Industries Union v Visy Packaging Pty Ltd (No 2) (2011) 213 IR 48 Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union known as The Australian Manufacturing Workers' Union (AMWU) v McCain Foods (Aust) Pty Ltd [2012] FCA 1126 Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union (AMWU) v O-I Operations (Australia) Pty Ltd [2019] FCA 1272 Bullock v FFTSA (1985) 5 FCR 464 Castlemaine Tooheys Ltd v South Australia (1986) 161 CLR 148 Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia v Blue Star Pacific Pty Ltd (2009) 184 IR 333 Construction, Forestry, Mining and Energy Union v Angelo Coal (Capcoal Management) Pty Ltd (2016) 266 IR 185 Construction, Forestry, Mining and Energy Union v BHP Coal Pty Ltd (2015) 230 FCR 298 Construction, Forestry, Mining and Energy Union v BHP Coal Pty Ltd [2012] FCA 563 Davids Distribution Pty Ltd v National Union of Workers (1999) 91 FCR 463 Esso Australia Pty Ltd v Australian Workers' Union (2016) 245 FCR 39 Patrick Stevedores Operations No 2 Pty Ltd v Maritime Union of Australia (1998) 195 CLR 1 Police Federation v Nixon (2008) 168 FCR 340 Samsung Electronics Co. Ltd v Apple Inc. (2011) 217 FCR 238 United Firefighters Union of Australia v Easy [2013] FCA 763 Victoria v Construction, Forestry, Mining and Energy Union (2013) 218 FCR 172
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