Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing & Allied Services Union of Australia & Ors v Telstra Corp Ltd [1998] FCA 1089

Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing & Allied Services Union of Australia & Ors v Telstra Corp Ltd [1998] FCA 1089

Interlocutory relief is refused because some conditions precedent to the characterisation of industrial action as protected cannot yet be known; declaratory relief as sought would be premature and risk being advisory, as relevant circumstances (completion, injury or damage, parties involved, purpose of action) remain uncertain.

Parties
First Applicant: Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia; Second Applicant: Colin Cooper; Third Applicant: Len Cooper; Fourth Applicant: Ian McLean; Respondent: Telstra Corporation Limited
Jurisdiction
Australia
Judgment Date
26 August 1998
Procedural Posture
Application for Interlocutory Relief and Declaratory Orders / Interlocutory (refusal), Directions Pending
Outcome
Application for interlocutory relief refused; application adjourned for directions.
Legal Topics
Protected Industrial Action, Declaratory Relief, Interlocutory Injunctions, Judicial Discretion
Employment Law Industrial Relations Protected Industrial Action Declaratory Relief Interlocutory Injunctions Judicial Discretion

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Parties

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

First Applicant

Colin Cooper

Second Applicant

Len Cooper

Third Applicant

Ian McLean

Fourth Applicant

Telstra Corporation Limited

Respondent

Procedural Posture

Application for Interlocutory Relief and Declaratory Orders / Interlocutory (refusal), Directions Pending

Legal Issues

  1. 1 Whether interlocutory relief should be granted in relation to industrial action claimed to be protected under Workplace Relations Act 1996
  2. 2 Whether declaratory relief can be granted regarding future or incomplete industrial actions

Ratio Decidendi

Interlocutory relief is refused because some conditions precedent to the characterisation of industrial action as protected cannot yet be known; declaratory relief as sought would be premature and risk being advisory, as relevant circumstances (completion, injury or damage, parties involved, purpose of action) remain uncertain.

Court Disposition

Application for interlocutory relief refused; application adjourned for directions.

Orders

  • Application for interlocutory relief refused.
  • Application adjourned to 4 September 1998 for directions as to pleadings and the presentation of evidence.