Ambulance Victoria v United Voice

Ambulance Victoria sought an injunction in the Federal Court to prevent United Voice, a union representing some of its employees, from taking industrial action to release ambulance response time data to the media. The union claimed the action was protected under the Fair Work Act 2009 (Cth) as it was not a protected industrial action under section 415 of the Act. This section excludes from the definition of "industrial action" any action that results in a restriction or limitation on, or a delay in, the performance of an employee's normal duties. The court had to determine whether the union's proposed action constituted protected industrial action under the Act.

The court considered whether the proposed industrial action resulted in a restriction or limitation on or a delay in the performance of the employee’s normal duties. The union argued that the action did not fall within the exclusion in section 415 of the Act. Ambulance Victoria contended that the proposed action constituted a delay in the performance of normal duties. The court examined the nature of the proposed action and its potential impact on the employees' normal duties. The court held that the proposed action did not constitute industrial action of the kind protected by section 415 of the Act, as it did not result in a restriction or limitation on or a delay in the performance of the employee's normal duties.

Accordingly, the court dismissed Ambulance Victoria's application for an injunction and adjourned the further hearing of the proceeding to a date to be fixed. The court did not make any orders for costs. The decision was based on the court's interpretation of section 415 of the Act and the nature of the proposed industrial action. The court held that the proposed action did not fall within the exclusion in section 415 of the Act, and therefore, the union's proposed action was protected industrial action.