Queensland Alumina Limited v The Maritime Union of Australia [2009] FCA 874

Queensland Alumina Limited v The Maritime Union of Australia [2009] FCA 874

Although QAL had standing and the refusal by the seamen to sail appeared to contravene s 417, the evidence did not establish an arguable case that the second or third respondents encouraged, organised or were knowingly concerned in the industrial action. Because no arguable case was shown against those officers, no arguable case of vicarious liability was made out against the MUA. There was therefore no serious question to be tried, and interlocutory relief against the first three respondents was refused.

Jurisdiction
Australia
Judgment Date
28 July 2009
Procedural Posture
Industrial Law Proceeding Seeking Interlocutory Injunctions to Restrain Alleged Industrial Action / Application for Interlocutory Relief
Outcome
Application for interlocutory relief dismissed.
Legal Topics
['interlocutory Injunctions' 'industrial Action Before Nominal Expiry Date of Enterprise Agreement' 'standing to Seek Relief Under the Fair Work Act 2009 (cth)' 'knowingly Concerned in Contravention' 'vicarious Liability of Union for Officers']
['industrial Law' 'employment Law' 'civil Procedure'] ['interlocutory Injunctions' 'industrial Action Before Nominal Expiry Date of Enterprise Agreement' 'standing to Seek Relief Under the Fair Work Act 2009 (cth)' 'knowingly Concerned in Contravention' 'vicarious Liability of Union for Officers']

Case Brief

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Procedural Posture

Industrial Law Proceeding Seeking Interlocutory Injunctions to Restrain Alleged Industrial Action / Application for Interlocutory Relief

Legal Issues

  1. 1 ['Whether QAL had standing as a person affected by the industrial action to apply for interlocutory relief.' 'Whether the refusal by MUA members employed on the Fitzroy River to sail the vessel was industrial action in contravention of s 417 of the Fair Work Act 2009 (Cth).' 'Whether there was a serious question to be tried that the second and third respondents encouraged, organised or were knowingly concerned in that industrial action.' 'Whether the Maritime Union of Australia could be vicariously liable for the conduct of the second and third respondents.' 'Whether interlocutory relief, including mandatory relief requiring a letter acknowledging involvement in unlawful industrial action, should be granted.']

Ratio Decidendi

Although QAL had standing and the refusal by the seamen to sail appeared to contravene s 417, the evidence did not establish an arguable case that the second or third respondents encouraged, organised or were knowingly concerned in the industrial action. Because no arguable case was shown against those officers, no arguable case of vicarious liability was made out against the MUA. There was therefore no serious question to be tried, and interlocutory relief against the first three respondents was refused.

Court Disposition

Application for interlocutory relief dismissed.

Orders

  • ['The application for interlocutory relief is dismissed.' 'The order made on 27 July 2009 as to costs is discharged.']