Sydney Trains v Australian Rail, Tram and Bus Industry Union (No 2) [2022] FCA 1264

Sydney Trains v Australian Rail, Tram and Bus Industry Union (No 2) [2022] FCA 1264

It was appropriate to order determination of all proposed separate questions because their resolution would reduce the controversies, there was factual and legal overlap between the First and Second Impugned Actions, the same witnesses were anticipated, and separate determination would promote utility, economy and...

Source-derived case information.

Jurisdiction
Australia
Judgment Date
25 October 2022
Procedural Posture
Interlocutory Application for Expedited Hearing and Determination of Separate Questions / Interlocutory
Outcome
Separate questions ordered; respondent's application for expedition dismissed; matter to be heard for two days in February 2023 or March 2023 and listed for case management.
Legal Topics
['expedition' 'separate Questions' 'industrial Action' 'protected Industrial Action' 'fair Work Act 2009 (cth)']
['practice and Procedure' 'employment and Industrial Relations'] ['expedition' 'separate Questions' 'industrial Action' 'protected Industrial Action' 'fair Work Act 2009 (cth)']

Source-derived case record

Summary, issues, holding and outcome

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Procedural Posture

Interlocutory Application for Expedited Hearing and Determination of Separate Questions / Interlocutory

Legal Issues

  1. 1 ['Whether the Court should hear separately the questions proposed by the parties concerning whether the First Impugned Action and Second Impugned Action were forms of "industrial action" within s 19 of the Fair Work Act 2009 (Cth) and whether the First Impugned Action met s 409(2).' "Whether the respondent's application for an expedited hearing in November 2022 should be granted."]

Ratio Decidendi

It was appropriate to order determination of all proposed separate questions because their resolution would reduce the controversies, there was factual and legal overlap between the First and Second Impugned Actions, the same witnesses were anticipated, and separate determination would promote utility, economy and fairness while avoiding potential inconsistencies. Expedition for a November 2022 hearing was refused because speedy determination would not resolve the ultimate dispute, would not create certainty for the public, the Union and its members remained in a position comparable to others deciding whether proposed industrial action is protected under the FW Act, and the asserted...

Court Disposition

Separate questions ordered; respondent's application for expedition dismissed; matter to be heard for two days in February 2023 or March 2023 and listed for case management.

Orders

  • ['Pursuant to r 30.01 of the Federal Court Rules 2011 (Cth), the Court will hear separately the questions set out in Order 1 concerning the First Impugned Action and Second Impugned Action.' 'The hearing of these questions be set down for two (2) days in February 2023 or March 2023. The parties are to confer as to...