Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Sydney Trains v Australian Rail, Tram and Bus Industry Union [2024] FCA 1411 File number: NSD 1770 of 2024
Judgment of: PERRAM J
Date of judgment: 8 December 2024
Date of publication of reasons: 9 December 2024
Catchwords: PRACTICE AND PROCEDURE – interlocutory application for injunctive relief – where injunctions sought to restrain respondent unions from continuing industrial action relating to Sydney rail network – prima facie case – whether industrial action 'protected' – whether industrial action would contravene Fair Work Act 2009 (Cth) – balance of convenience – where respondents stand to lose bargaining position – where proposed bans risk significant disruption
Legislation: Fair Work Act 2009 (Cth) ss 12, 172, 173, 409, 415, 437, 443, 459
Division: Fair Work Division
Registry: New South Wales
National Practice Area: Employment and Industrial Relations
Number of paragraphs: 45
Date of hearing: 8 December 2024
Counsel for the Applicants: Mr M Minucci
Solicitor for the Applicants: Kingston Reid
Counsel for the Respondents: Mr L Saunders
ORDERS NSD 1770 of 2024
BETWEEN: SYDNEY TRAINS First Applicant
NSW TRAINS Second Applicant
AND: AUSTRALIAN RAIL, TRAM AND BUS INDUSTRY UNION First Respondent
COMMUNICATIONS, ELECTRICAL, ELECTRONIC, ENERGY, INFORMATION, POSTAL, PLUMBING AND ALLIED SERVICES UNION OF AUSTRALIA Second Respondent
AUTOMOTIVE, FOOD, METALS, ENGINEERING, PRINTING AND KINDRED INDUSTRIES UNION KNOWN AS THE AUSTRALIAN MANUFACTURING WORKERS UNION Third Respondent ASSOCIATION OF PROFESSIONAL ENGINEERS, SCIENTISTS AND MANAGERS AUSTRALIA Fourth Respondent AUSTRALIAN MUNICIPAL, ADMINISTRATIVE, CLERICAL AND SERVICES UNION Fifth Respondent
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