Fair Work Ombudsman v Offshore Marine Services Pty Ltd (No 2) [2013] FCA 943

Fair Work Ombudsman v Offshore Marine Services Pty Ltd (No 2) [2013] FCA 943

The Court found that the Maritime Union of Australia, through its officers acting within actual and apparent authority, advised, encouraged, and incited Offshore Marine Services Pty Ltd to adopt and maintain a closed shop employment practice requiring union membership as a prerequisite for employment. The MUA refused to admit the Loves as members, directly prejudicing their employment prospects and ensuring OMS did not employ them. Both organisations knew and maintained interrelated practices. The MUA thus committed contraventions of relevant statutory provisions, both directly and accessorily, and is liable for declarations of contravention.

Jurisdiction
Australia
Judgment Date
18 September 2013
Procedural Posture
Civil / Judgment Declarations, Orders to Be Brought In, Penalties to Be Determined at Later Hearing
Outcome
Declarations of contravention made against MUA. Orders for parties to bring minutes of proposed orders within 14 days. Penalties to be determined at subsequent hearing.
Legal Topics
['closed Shop Employment Practices' 'trade Union Membership Prerequisite' 'adverse Action in Employment' 'accessorial Liability' 'declaratory Relief' 'no Case Submission']
['industrial Law' 'employment Law'] ['closed Shop Employment Practices' 'trade Union Membership Prerequisite' 'adverse Action in Employment' 'accessorial Liability' 'declaratory Relief' 'no Case Submission']

Case Brief

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Procedural Posture

Civil / Judgment Declarations, Orders to Be Brought In, Penalties to Be Determined at Later Hearing

Legal Issues

  1. 1 ['Whether MUA contravened provisions of Workplace Relations Act 1996 (Cth) and Fair Work Act 2009 (Cth)' 'Whether MUA encouraged or incited OMS to adopt and maintain a closed shop employment practice' 'Whether MUA is accessorily liable for the contraventions of OMS' 'Whether evidence supports attribution of conduct and knowledge of MUA officials to MUA']

Ratio Decidendi

The Court found that the Maritime Union of Australia, through its officers acting within actual and apparent authority, advised, encouraged, and incited Offshore Marine Services Pty Ltd to adopt and maintain a closed shop employment practice requiring union membership as a prerequisite for employment. The MUA refused to admit the Loves as members, directly prejudicing their employment prospects and ensuring OMS did not employ them. Both organisations knew and maintained interrelated practices. The MUA thus committed contraventions of relevant statutory provisions, both directly and accessorily, and is liable for declarations of contravention.

Court Disposition

Declarations of contravention made against MUA. Orders for parties to bring minutes of proposed orders within 14 days. Penalties to be determined at subsequent hearing.

Orders

  • ['Parties to bring a minute of declarations and orders within 14 days to reflect reasons for judgment.' 'Liberty to apply in case of disagreement regarding declarations and orders.']