Australian Workers Union v Yallourn Energy Pty Ltd

The Australian Workers Union and other unions applied to the Court seeking interlocutory injunctions to prevent Yallourn Energy from pursuing any tortious claims related to alleged industrial action. The unions and Yallourn Energy are parties to an enterprise agreement which expired in September 1999 but continues in operation until replaced. Since April 1999, negotiations for a new agreement had been ongoing, but by late 1999 there were substantial differences between the parties. The unions served notices of initiation of a bargaining period under the Act, making them protected persons in respect of protected industrial action. On 9 November 1999, Yallourn Energy applied to terminate the existing agreement. Subsequently, the unions gave notice of intended industrial action.

The legal issues before the Court were whether the unions were entitled to interlocutory relief restraining Yallourn Energy from pursuing tortious claims against the unions. The Court considered the potential consequences of allowing Yallourn Energy to proceed with its claims, including any intimidatory or coercive effects. The Court also considered that any proceeding against the unions, rather than their members who are Yallourn Energy employees, was less likely to have substantial harmful effects. The Court concluded that while dismissing the unions' application, it would reserve liberty to apply if Yallourn Energy commenced any other proceedings in relation to the industrial action.

In light of the Court's findings, the unions' application for interlocutory relief was dismissed but with liberty reserved. The Court also ordered that Yallourn Energy must prosecute any tortious claims against the unions in the Federal Court. Costs were reserved.