BlueScope Steel (AIS) Pty Ltd v Australian Workers' Union (No 1) [2012] FCA 935

BlueScope Steel (AIS) Pty Ltd v Australian Workers' Union (No 1) [2012] FCA 935

There is a serious issue to be tried as to whether the AWU's proposed action could involve reckless destruction of property, lifting statutory immunity. Damages would not be an adequate remedy given significant and incalculable economic risks. The balance of convenience favours limited injunctive relief to protect the physical integrity of the blast furnace and avoid dumping hot metal, while permitting protected industrial action otherwise.

Jurisdiction
Australia
Judgment Date
28 August 2012
Procedural Posture
Application for Interlocutory Injunction / Interlocutory Determination
Outcome
Application for interlocutory injunction granted in part
Legal Topics
['industrial Action' 'interlocutory Injunction' 'protected Industrial Action' 'torts' 'labour Relations']
['industrial Law'] ['industrial Action' 'interlocutory Injunction' 'protected Industrial Action' 'torts' 'labour Relations']

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Procedural Posture

Application for Interlocutory Injunction / Interlocutory Determination

Legal Issues

  1. 1 ['Whether interlocutory injunction should be granted to restrain proposed industrial action at blast furnace' 'Whether proposed industrial action is immune from suit under s 415(1) Fair Work Act 2009 (Cth)' 'Whether the industrial action involves or is likely to involve reckless destruction of, or damage to, property' 'Whether damages are an adequate remedy' 'Where the balance of convenience lies']

Ratio Decidendi

There is a serious issue to be tried as to whether the AWU's proposed action could involve reckless destruction of property, lifting statutory immunity. Damages would not be an adequate remedy given significant and incalculable economic risks. The balance of convenience favours limited injunctive relief to protect the physical integrity of the blast furnace and avoid dumping hot metal, while permitting protected industrial action otherwise.

Court Disposition

Application for interlocutory injunction granted in part

Orders

  • ['Parties to provide short minutes of order by 6 pm; if not agreed, Court to resolve the order settling at 9.30 am the following day' 'Stoppages not to exceed four hours' 'Stoppages to be at least sixteen hours apart' 'No stoppage if a disruption event underway at commencement' 'Costs in the cause']