Maritime Union of Australia v JKC Australia LNG Pty Ltd

The Maritime Union of Australia and the Construction, Forestry, Maritime, Mining and Energy Union have brought a case against JKC Australia LNG Pty Ltd and others concerning the INPEX Project at Darwin Harbour. The unions argue that the employers breached their duty to consult by failing to provide information and failing to negotiate in good faith, in contravention of the Fair Work Act 2009. The employers, in turn, claim that the unions' actions amount to an unlawful industrial action. The dispute was heard in the Full Bench of the Federal Court of Australia.

The primary legal issues before the court were whether the employers had breached their duty to consult and whether the unions' actions constituted unlawful industrial action. The court considered the obligations under the Fair Work Act 2009, including the necessity for genuine consultation and the protection against unprotected industrial action. The court also examined the scope of the employers' duty to provide information and the unions' rights to take action if consultation was ineffective.

The court found that the employers had indeed breached their duty to consult by failing to provide information and by not negotiating in good faith. The unions' actions, while initially contentious, were deemed to be a legitimate response to the employers' failure to fulfil their obligations. The court held that the unions were entitled to take industrial action as a means to enforce the duty to consult. Consequently, the employers' application for an injunction was dismissed. The court's decision underscores the importance of compliance with consultation obligations under the Fair Work Act and the rights of unions to act in response to non-compliance.