Bluescope Steel Limited v Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia [2005] FCA 3

Bluescope Steel Limited v Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia [2005] FCA 3

Notice of industrial action by fax constitutes written notice within the meaning of s 170MO(2)(b) of the Workplace Relations Act, and inclusion of an impermissible claim in the initiating notice does not invalidate the bargaining period; thus, no serious issue to be tried justifies granting an interlocutory injunction.

Parties
Applicant: Bluescope Steel Limited; First Respondent: Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia; Second Respondent: Mark Farrell
Jurisdiction
Australia
Judgment Date
07 January 2005
Procedural Posture
Application for Interlocutory Injunction / Interlocutory Decision
Outcome
Application for interlocutory injunction dismissed.
Legal Topics
Interlocutory Injunctions, Protected Industrial Action, Service of Written Notice, Employer/employee Relationship Claims, Workplace Bargaining Period
Employment Law Industrial Law Interlocutory Injunctions Protected Industrial Action Service of Written Notice Employer/employee Relationship Claims Workplace Bargaining Period

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Parties

Bluescope Steel Limited

Applicant

Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia

First Respondent

Mark Farrell

Second Respondent

Procedural Posture

Application for Interlocutory Injunction / Interlocutory Decision

Legal Issues

  1. 1 Whether notice by fax constitutes written notice under s 170MO(2)(b) of the Workplace Relations Act
  2. 2 Whether notification was invalid due to impermissible claim
  3. 3 Whether a bargaining period existed

Ratio Decidendi

Notice of industrial action by fax constitutes written notice within the meaning of s 170MO(2)(b) of the Workplace Relations Act, and inclusion of an impermissible claim in the initiating notice does not invalidate the bargaining period; thus, no serious issue to be tried justifies granting an interlocutory injunction.

Court Disposition

Application for interlocutory injunction dismissed.

Orders

  • The application for an interlocutory injunction is dismissed.