DP World Sydney Limited v Construction, Forestry, Maritime, Mining and Energy Union

DP World Sydney Limited sought an injunction against the Construction, Forestry, Maritime, Mining and Energy Union to restrain industrial action taken by stevedoring employees. The Union argued that the industrial action was permissible under the Fair Work Act 2009 (Cth), as it related to enterprise agreement negotiations. The Fair Work Commission was already involved in the enterprise agreement negotiations, and the Union argued that the industrial action was protected as it was in support of permitted matters. The applicants contended that the industrial action was not protected and was, in fact, being used as a tool to pressure the applicants into accepting unfavourable terms.

The primary issue for the Court was whether the industrial action was for the purpose of supporting or advancing claims that were only about, or were reasonably believed to only be about, permitted matters. The Court noted that the industrial action was being used to pressure the applicants into accepting terms that were not in line with the negotiations and that the Union had not genuinely attempted to reach an agreement. The Court found that the industrial action was not protected and granted an interim injunction to restrain the Union from organising or threatening to organise any industrial action by stevedoring employees.

The Court noted that the evidence showed that the industrial action was being used as a tool to pressure the applicants into accepting unfavourable terms and that the Union had not genuinely attempted to reach an agreement. The Court found that the industrial action was not protected and granted an interim injunction to restrain the Union from organising or threatening to organise any industrial action by stevedoring employees. The Court ordered that the Union take all reasonable steps to inform its members of the injunction and that the injunction would remain in place until the hearing commencing on 12 March 2020.