In the recent case of Queensland Alumina Limited v The
Maritime Union of Australia [2009] FCA 874 an application for
an order against the Maritime Union to stop industrial action was
denied by the Federal Court. It is an indication of how such orders
may operate and succeed under the new Fair Work Act 2009
(Cth). The Court reasoned that the fact Union members had taken
industrial action did not on its own justify an order against the
Union.
Background
Queensland Alumina Limited's (Queensland Alumina) employees,
who were union members, held a concern that the currently
Australian-crewed ships used by the company in the transportation
of materials could, in the near future, be substituted by
foreign-crewed ships. This same concern had been expressed by the
Maritime Union (Union). As such the crew on one of the vessels on a
particular day refused to move the vessel from its berth until they
received some confirmation about their future employment. The
action taken by
