PCS Operations & Ors v Maritime Union & Ors (M24,25,B7) CHH

Gaudron J, sitting in chambers, considered an application by PCS Operations and others (the applicants) seeking to restrain the Maritime Union and others (the respondents) from taking industrial action. The dispute concerned the respondents' alleged intention to engage in a series of industrial actions, including bans and limitations on work, which the applicants contended would breach the terms of an enterprise agreement and contravene provisions of the *Workplace Relations Act 1996* (Cth).

The primary legal issue before Gaudron J was whether the proposed industrial action by the respondents was protected industrial action under the *Workplace Relations Act 1996* (Cth). This required an assessment of whether the action was in furtherance of a dispute relating to a matter arising under the Act or an award or enterprise agreement, and whether it met the specific criteria for protected industrial action as defined by the legislation.

Gaudron J reasoned that the onus was on the respondents to demonstrate that their proposed industrial action was protected. Her Honour examined the nature of the dispute and the proposed actions, concluding that the respondents had failed to establish that the industrial action was genuinely in furtherance of a dispute concerning matters arising under the Act or an enterprise agreement. Consequently, the action was not protected industrial action.

The application was therefore granted, with Gaudron J issuing orders restraining the respondents from engaging in the proposed industrial action.