Australian Rail, Tram and Bus Industry Union v Metro Trains Melbourne Pty Ltd [2021] FCA 458

Federal Court of Australia

Australian Rail, Tram and Bus Industry Union v Metro Trains Melbourne Pty Ltd [2021] FCA 458 File number(s): VID 207 of 2021

Judgment of: WHEELAHAN J

Date of judgment: 4 May 2021

Catchwords: INDUSTRIAL LAW – where applicant seeks an interlocutory injunction restraining the respondent from engaging in certain conduct as part of a proposed restructure of the respondent, pending the resolution of an underlying dispute – where underlying dispute concerns alleged contravention of enterprise agreement – where the underlying dispute is proposed to be promptly submitted to Fair Work Commission for resolution – where parties gave certain undertakings as to conduct pending resolution of the underlying dispute – undertakings found to sufficiently address potential prejudice to the applicant – claim for interlocutory relief dismissed.

Legislation: Fair Work Act 2009 (Cth) ss 50, 545(2)

Cases cited: Australian Broadcasting Corporation v O'Neill [2006] HCA 46; 227 CLR 57 Bradto Pty Ltd v State of Victoria [2006] VSCA 89; 15 VR 65 Fegan v Jackson [2009] FCA 338; 183 IR 306 McGee v Sanders (No 2) (1991) 32 FCR 397 Workpac Pty Ltd v Skene [2018] FCAFC 131; 264 FCR 536

Division: Fair Work Division

Registry: Victoria

National Practice Area: Employment and Industrial Relations

Number of paragraphs: 17

Date of hearing: 30 April 2021

Counsel for the Applicant: Ms K Burke

Solicitors for the Applicant: Gordon Legal

Counsel for the Respondent: Mr A Pollock

Solicitors for the Respondent: Herbert Smith Freehills