Recall Information Management Pty Ltd v National Union of Workers [2013] FCA 161

Recall Information Management Pty Ltd v National Union of Workers [2013] FCA 161

Interlocutory relief was justified against NUW because the unchallenged evidence showed a continuing campaign of picketing primarily instigated by NUW, no undertaking was offered that the conduct would cease, and the conduct gave rise to arguable tort and s 45D claims. Relief was also justified against MUA because the evidence, especially the use of a double decker bus marked Maritime Union of Australia blocking access at Malaga, supported an inference of MUA involvement and arguable action in concert with NUW. The evidence did not support a reasonable inference that CEPU, AMWU or CFMEU were involved as organisations, so no serious issue to be tried was shown against them. The balance of...

Jurisdiction
Australia
Judgment Date
01 March 2013
Procedural Posture
Industrial Law Application for Urgent Injunctive Relief / Interlocutory Injunction Pending Trial or Further Order
Outcome
Interlocutory injunction granted against the first respondent and fourth respondent only; interlocutory relief refused against the second, third and fifth respondents.
Legal Topics
['unlawful Picketing' 'interlocutory Injunctions' 'secondary Boycotts' 'serious Question to Be Tried' 'balance of Convenience' 'enterprise Agreement Negotiations']
['industrial Law' 'competition and Consumer Law' 'civil Procedure'] ['unlawful Picketing' 'interlocutory Injunctions' 'secondary Boycotts' 'serious Question to Be Tried' 'balance of Convenience' 'enterprise Agreement Negotiations']

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 1 Authorities cited 2 Party arguments 2 Amounts and remedies 1
Sign in to unlock

Procedural Posture

Industrial Law Application for Urgent Injunctive Relief / Interlocutory Injunction Pending Trial or Further Order

Legal Issues

  1. 1 ['Whether there were serious issues to be tried that the respondent unions engaged in unlawful picketing or related torts and contravened s 45D of the Competition and Consumer Act 2010 (Cth).' 'Whether the evidence supported an inference that CEPU, AMWU, MUA and CFMEU were involved as organisations in the picketing or acting in concert with NUW.' 'Whether the picketing was likely to continue if interlocutory relief was not granted.' 'Whether the balance of convenience favoured interlocutory injunctive relief.']

Ratio Decidendi

Interlocutory relief was justified against NUW because the unchallenged evidence showed a continuing campaign of picketing primarily instigated by NUW, no undertaking was offered that the conduct would cease, and the conduct gave rise to arguable tort and s 45D claims. Relief was also justified against MUA because the evidence, especially the use of a double decker bus marked Maritime Union of Australia blocking access at Malaga, supported an inference of MUA involvement and arguable action in concert with NUW. The evidence did not support a reasonable inference that CEPU, AMWU or CFMEU were involved as organisations, so no serious issue to be tried was shown against them. The balance of...

Court Disposition

Interlocutory injunction granted against the first respondent and fourth respondent only; interlocutory relief refused against the second, third and fifth respondents.

Orders

  • ["On the provision of the usual undertaking to the Court and pending trial or further order of the Court, each of the first respondent and fourth respondent, by their officers, servants, agents and members be restrained from occupying, placing obstacles, driving motor vehicles or otherwise being in any position on...