DP World Sydney Limited v Maritime Union of Australia (No 1) [2012] FCA 217

DP World Sydney Limited v Maritime Union of Australia (No 1) [2012] FCA 217

The industrial action concerning the Maersk Brani was not protected industrial action because it was not with respect to the proposed enterprise agreement. DP World was affected by that unprotected industrial action and could apply under s 421(3). On the material before the Court, Perram J was satisfied that the respondents had contravened and proposed to contravene a term of the Fair Work Australia order, and it was appropriate to grant the injunctions sought, subject to the usual undertaking as to damages and the date limitation added to order 1.

Jurisdiction
Australia
Judgment Date
12 March 2012
Procedural Posture
Application for Injunction Under S 421(3) of the Fair Work Act 2009 (cth) / Interlocutory Application
Outcome
Injunctions granted and orders made in accordance with the short minutes as modified by the Court.
Legal Topics
['fair Work Act 2009 (cth)' 'unprotected Industrial Action' 'protected Industrial Action' 'fair Work Australia Stop Order' 'injunction Under S 421(3)' 'enterprise Agreement Negotiations']
['industrial Law'] ['fair Work Act 2009 (cth)' 'unprotected Industrial Action' 'protected Industrial Action' 'fair Work Australia Stop Order' 'injunction Under S 421(3)' 'enterprise Agreement Negotiations']

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Procedural Posture

Application for Injunction Under S 421(3) of the Fair Work Act 2009 (cth) / Interlocutory Application

Legal Issues

  1. 1 ['Whether DP World Sydney Limited was affected by unprotected industrial action and could apply for an injunction under s 421(3) of the Fair Work Act 2009 (Cth).' 'Whether the respondents had contravened and proposed to contravene a term of the order made by Vice President Watson of Fair Work Australia.' 'Whether it was appropriate to grant the injunction sought.']

Ratio Decidendi

The industrial action concerning the Maersk Brani was not protected industrial action because it was not with respect to the proposed enterprise agreement. DP World was affected by that unprotected industrial action and could apply under s 421(3). On the material before the Court, Perram J was satisfied that the respondents had contravened and proposed to contravene a term of the Fair Work Australia order, and it was appropriate to grant the injunctions sought, subject to the usual undertaking as to damages and the date limitation added to order 1.

Court Disposition

Injunctions granted and orders made in accordance with the short minutes as modified by the Court.

Orders

  • ['An injunction was granted pursuant to section 421 of the Fair Work Act 2009 (Cth) restraining the First Respondent, whether by its officers, servants, agents or otherwise, from contravening terms 3.1 or 3.5 of the DP World Industrial Action Order 2012 dated 10 March 2012 or procuring or encouraging any other...