PCS Operations Pty Ltd v Maritime Union of Australia [1998] HCA 29

High Court of Australia Gaudron J PCS Operations Pty Ltd v Maritime Union of Australia [1998] HCA 29

ORDER Matter 1 Application dismissed with costs Matter 2

1. The whole of Federal Court of Australia Matter No VG 152 of 1998 be removed into this Court pursuant to s 40(1) of the Judiciary Act 1903 Cth .

2. Federal Court of Australia Matter No VG 152 of 1998 be remitted to that Court save for the following question: Are s 4(1) of the Jurisdiction of Courts (Cross-vesting) Act 1987 Vic and s 9 of the Jurisdiction of Courts (Cross-vesting) Act 1987 Cth invalid in their application to the cause of action for inducing breach of contract pleaded in pars 136-139 inclusive of the applicants' Statement of Claim in the Federal Court?

3. Costs of this application to abide the outcome of the proceedings in this Court.

Matter 3 Application dismissed with costs. Gaudron J.

1. These applications under s 40(1) of the Judiciary Act 1903 Cth were heard in Brisbane on 17 April 1998. They concern proceedings in the Federal Court of Australia between, on the one hand, the Maritime Union of Australia (MUA) and three of its members who sue in a representative capacity (collectively, "the MUA parties"), and, on the other hand, Patrick Stevedores No 1 Pty Ltd and other companies and individuals associated with that company (collectively, "the Patrick parties"), the National Farmers Federation (NFF) and companies and individuals associated with the NFF (collectively, "the NFF parties") and the Commonwealth of Australia and the Honourable Peter Keaston Reith, the Minister for Workplace Relations and Small Business (collectively, "the Commonwealth parties"). The proceedings arise out of a dispute in the stevedoring industry.

2. In the Federal Court proceedings, the MUA parties allege, and seek various remedies for, breaches of the Stevedoring Industry Award 1991, breach of the Patrick-Melbourne Enterprise Agreement 1996, breach of certain contracts of employment, contravention of the Workplace Relations Act 1996 Cth and contraventions of the Corporations Law. Those allegations are made against some of the Patrick parties, but not others. They are not made against any of the NFF or Commonwealth parties. It is not in issue that, to the extent that the proceedings involve the breaches and contraventions thus alleged, they are within the jurisdiction of the Federal Court.