Sydney Trains v Australian Rail, Tram and Bus Industry Union (Leave to Intervene) [2024] FCA 1466

Sydney Trains v Australian Rail, Tram and Bus Industry Union (Leave to Intervene) [2024] FCA 1466

The application for leave to intervene was dismissed because the ACTU's interest was only indirect and the Court was not satisfied that the proposed intervener's submissions would be useful and different from the respondents' submissions.

Parties
First Applicant: Sydney Trains; Second Applicant: NSW Trains; First Respondent: Australian Rail, Tram and Bus Industry Union; Second Respondent: Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia; Third Respondent: Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union known as the Australian Manufacturing Workers Union; Fourth Respondent: Association of Professional Engineers, Scientists and Managers Australia; Fifth Respondent: Australian Municipal, Administrative, Clerical and Services Union; Proposed Intervener: Liam O'Brien, Assistant Secretary of the Australian Council of Trade Unions
Jurisdiction
Australia
Judgment Date
16 December 2024
Procedural Posture
Interlocutory Application (leave to Intervene) / Application for Leave to Intervene Determined
Outcome
Interlocutory application for leave to intervene dismissed
Legal Topics
Intervention, Protected Industrial Action, Fair Work Legislation, Multi Employer Bargaining
Practice and Procedure Employment and Industrial Relations Intervention Protected Industrial Action Fair Work Legislation Multi Employer Bargaining

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Parties

Sydney Trains

First Applicant

NSW Trains

Second Applicant

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

Liam O'Brien, Assistant Secretary of the Australian Council of Trade Unions

Proposed Intervener

Procedural Posture

Interlocutory Application (leave to Intervene) / Application for Leave to Intervene Determined

Legal Issues

  1. 1 Whether leave to intervene should be granted under r 9.12 of the Federal Court Rules 2011 (Cth) in context of Fair Work Act issues

Ratio Decidendi

The application for leave to intervene was dismissed because the ACTU's interest was only indirect and the Court was not satisfied that the proposed intervener's submissions would be useful and different from the respondents' submissions.

Court Disposition

Interlocutory application for leave to intervene dismissed

Orders

  • The interlocutory application for leave to intervene filed on behalf of Liam O'Brien, Assistant Secretary of the Australian Council of Trade Unions, be dismissed.