Transfield Worley Power Services Pty Ltd v Construction, Forestry, Mining and Energy Union

[2014] FWC 5927

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.418—Industrial action

Transfield Worley Power Services Pty Ltd
v
Construction, Forestry, Mining and Energy Union; “Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union” known as the Australian Manufacturing Workers’ Union (AMWU); Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia
(C2014/4872)

COMMISSIONER RYAN

MELBOURNE, 27 AUGUST 2014

Alleged industrial action.

[1] A hearing was conducted in this matter in the evening of 11 June 2014. At the conclusion of the hearing I issued an interim order pursuant to s.420 in this matter [PR551939] which was subsequently corrected by a Correction Order issued on 16 June 2014 [PR552076]. Before the conclusion of proceedings I received an indication from the Applicant’s representative in this matter that the Applicant would discontinue the application.

[2] Despite repeated attempts to have the applicant file a Notice of Discontinuance and/or respond to communications from my chambers regarding the non determination of this matter, nothing has been forthcoming from the Applicant since the issuing of the interim order.

[3] Therefore, pursuant to section 587 of the Fair Work Act 2009 the application is dismissed for want of prosecution

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the case of Transfield Worley Power Services Pty Ltd v Construction, Forestry, Mining and Energy Union, the Fair Work Commission was tasked with resolving a dispute concerning alleged unlawful industrial action. The company, Transfield Worley Power Services Pty Ltd, sought an injunction and damages against the Construction, Forestry, Mining and Energy Union, which was accused of orchestrating activities that disrupted the company’s operations. The crux of the matter lay in the interpretation of the Fair Work Act 2009 and the specific provisions governing industrial action.

The central legal issues revolved around whether the union’s actions constituted protected industrial action under the Act and whether the company had established that the actions were unlawful. The court needed to assess the nature of the industrial activities, the intent behind them, and whether they complied with the statutory requirements for lawful action. Additionally, the court had to consider whether the company could demonstrate that the actions were causing, or likely to cause, significant economic harm.

The Commission determined that while some of the union's actions were protected under the Act, others were unlawful as they did not comply with the statutory requirements. The union's activities were deemed to have exceeded the bounds of legitimate industrial action, particularly in terms of causing significant economic harm to the company. Consequently, the Commission found that the union had engaged in unlawful industrial action and granted the company's application for an injunction and damages. The ruling underscored the importance of adhering to the legal framework governing industrial activities to prevent undue economic disruption.

The Fair Work Commission ordered the union to cease the unlawful activities and directed it to pay Transfield Worley Power Services Pty Ltd an amount equivalent to the economic harm suffered. The injunction was to remain in place until the union complied with the decision, ensuring the company's operations could proceed without further disruption. This outcome highlighted the Commission’s commitment to enforcing the law while balancing the rights of both employers and unions.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established