ASP Ship Management Pty Ltd v Maritime Union of Australia [2015] FCA 1486

ASP Ship Management Pty Ltd v Maritime Union of Australia [2015] FCA 1486

Evidence established that four crew members were personally served, refused a lawful direction, and continued industrial action. Injunction is justified under s 421(3) of the Act to restrain such action.

Jurisdiction
Australia
Judgment Date
08 December 2015
Procedural Posture
Interlocutory Injunction / Application for Interlocutory Injunction
Outcome
Interlocutory injunction granted
Legal Topics
['interlocutory Injunctive Relief' 'industrial Action' 'compliance With Fair Work Commission Orders' 'lawful and Reasonable Direction' 'crew Employment Termination']
['industrial Law'] ['interlocutory Injunctive Relief' 'industrial Action' 'compliance With Fair Work Commission Orders' 'lawful and Reasonable Direction' 'crew Employment Termination']

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Procedural Posture

Interlocutory Injunction / Application for Interlocutory Injunction

Legal Issues

  1. 1 ['Whether respondents continued industrial action in contravention of Fair Work Commission orders' 'Whether an interlocutory injunction should issue under s 421(3) of the Fair Work Act 2009 (Cth)']

Ratio Decidendi

Evidence established that four crew members were personally served, refused a lawful direction, and continued industrial action. Injunction is justified under s 421(3) of the Act to restrain such action.

Court Disposition

Interlocutory injunction granted

Orders

  • ['Fourth, sixth, seventh and eighth respondents are restrained from engaging in industrial action until further order.' 'Industrial action defined as refusing or failing to follow a lawful and reasonable direction from the Applicant for the MV Portland to depart its berth at the Port of Portland and to be sailed to...