Patrick Stevedores Operations No 2 Pty Ltd & Ors v Maritime Union of Australia & Ors
(1998) 77 FCR 478
Judges:
WILCOX
von DOUSSA JJ
Subject References:
CORPORATIONS
Leave to proceed against a company under administration.
COURTS
Jurisdiction to grant an interlocutory injunction before a determination that a contravention of s 298K of the Workplace Relations Act 1996 (Cth) has occurred
power to make an order under s 298U of the Act against a person not an 'employer'
PRACTICE AND PROCEDURE
Interlocutory injunctions
whether in the nature of specific performance of an agreement for personal services
effect on third parties
whether injunctions beyond what is necessary to protect the position of the injured parties
manner in which court should maintain the status quo
Legislative References:
Corporations Law - 440D; 443A; 447A
Federal Court of Australia Act 1976 (Cth): - 23
Workplace Relations Act 1996 (Cth) - 298K; 298L; 298U
Case References:
Ascot Investments Pty Ltd v Harper - (1981) 148 CLR 337
Australian Liquor, Hospitality and Miscellaneous Workers Union v Terranora Lakes Country Club Pty Ltd - (1996) 14 ACLC 1200
Australian Meat Industry Employees Union v Sunland Enterprises Pty Ltd - (1988) 81 ALR 213
Co-Operative Insurance Society Ltd v Argyll Stores (Holdings) Ltd - (1996) 3 WLR 27
Foxcroft v The Ink Group Pty Ltd - (1994) 12 ACLC 1063
Jackson v Sterling Industries Limited - (1987) 162 CLR 612
JC Williamson Ltd v Lukey - (1931) 45 CLR 282
Optus Network Pty Ltd v City of Boroondara - (1997) 2 VR 318
Pioneer Water Tanks (Australia 94) Pty Ltd v Delat Pty Ltd - (1997) 16 ACLC 36
Sanderson Motors (Sales) Pty Ltd v Yorkstar Motors Pty Ltd - (1983) 1 NSWLR 513
Slater Walker Superannuation Pty Ltd v Great Boulder Gold Mines Pty Ltd applied - [1979] VR 107
Judgment date: 23 APRIL 1998
MELBOURNE
THE COURT ORDERS THAT:
- 1.
- The applications for leave to appeal by
- Patrick Stevedores Operations No 2 Pty Ltd
- Lang Corporation Ltd
- Strang Patrick Holdings Pty Ltd
- National Stevedoring Holdings Pty Ltd
- Plzen Pty Ltd
- Intravest Pty Ltd
- Cumberlane Holdings Pty Ltd
- Equitius Pty Ltd
- Jamison Equity Ltd
- Serenade Pty Ltd
- Scarabus Pty Ltd
- Patrick Stevedores Holdings Pty Ltd
- Patrick Stevedores Operations Pty Ltd
- PCS Operations Pty Ltd
- PCS Resources Pty Ltd
- P and C Stevedores Pty Ltd
- Donald Gordon McGauchie
- Paul Xavier Houlihan
- and
- James William Ferguson
- be granted.
- 2.
- The application made by Mr J W K Burnside QC, on behalf of the persons referred to as "applicants" in the recitals to the orders of North J dated 21 April 1998, being the first and second applicants in the principal proceeding and the represented parties, to amend the definition in the said undertakings of the words "industrial action" by inserting before the words "does not include" the words "means `industrial action' as defined in paras (a) to (d) inclusive of the definition of that term in s 4 of the Workplace Relations Act 1996 but" be granted and the orders be amended accordingly.
- 3.
- Part 5.3A of the Corporations Law operate in relation to each of Patrick Stevedores No 1 Pty Ltd, Patrick Stevedores No 2 Pty Ltd, Patrick Stevedores No 3 Pty Ltd and National Stevedoring Tasmania Pty Ltd in such a way that s 443A(1) is not to operate in respect of services rendered to those companies by employees who are members of the Maritime Union of Australia.
- 4.
- The operation of order 4 made by North J on 21 April 1998 be stayed in regard to each workplace to which it will apply until the completion of the workshift that is current at that workplace at the time these orders are pronounced.
- 5.
- The operation of orders 1 and 2 made by North J on 21 April 1998 be stayed until 12 noon tomorrow, 24 April 1998, or such earlier time in relation to a particular workplace as may be agreed between the administrator of the relevant labour supply company and the relevant stevedoring company.
- 6.
- Otherwise both appeals be dismissed.