Patrick Stevedores v MUA
Encyclopedia
Patrick Stevedores Operations No 2 Pty Ltd v Maritime Union of Australia ; (4 May 1998).
This decision of the High Court
was the culmination of the legal aspects of the 1998 Australian waterfront dispute
, in which a major stevedoring
operation, the Patrick group of companies
, sought to replace its largely unionised
workforce with a non-union workforce.
The Court heard an application for special leave to appeal from a decision of the Full Court of the Federal Court of Australia
, which itself was an appeal from a decision by Justice Tony North of the Federal Court upon an application for urgent interlocutory relief which had been brought by the Maritime Union of Australia
. The notice of motion seeking the interlocutory orders from North J was filed on 6 April 1998, and the litigation went from that original step to a decision of the High Court within a single month.
The orders made by North J sought to unravel a set of arrangements which had been made within the Patrick group of companies, arrangements which were found to give rise to an arguable case that there had been a conspiracy to injure the MUA members in their employment, contrary to the protections of the Workplace Relations Act 1996
. Those orders were upheld on appeal to the Full Court of the Federal Court.
The High Court upheld the substance of the orders, but modified them to impose less onerous obligations on the administrator who had taken over the management of the relevant employer corporations under the provisions of the Corporations Law.
This decision of the High Court
High Court of Australia
The High Court of Australia is the supreme court in the Australian court hierarchy and the final court of appeal in Australia. It has both original and appellate jurisdiction, has the power of judicial review over laws passed by the Parliament of Australia and the parliaments of the States, and...
was the culmination of the legal aspects of the 1998 Australian waterfront dispute
1998 Australian waterfront dispute
The Australian waterfront dispute of 1998 was a watershed event in Australian Industrial Relations history, in which the Patrick Corporation undertook a restructuring of their operations for the purpose of increasing the productivity of their workforce...
, in which a major stevedoring
Stevedore
Stevedore, dockworker, docker, dock labourer, wharfie and longshoreman can have various waterfront-related meanings concerning loading and unloading ships, according to place and country....
operation, the Patrick group of companies
Patrick Corporation
Patrick Corporation Ltd was an Australian publicly listed logistics conglomerate. Headed by CEO Chris Corrigan before it was absorbed by Toll Holdings in 2006, Patrick had interests in shipping, rail and aviation, including a 62% shareholding in airline Virgin Blue...
, sought to replace its largely unionised
Trade union
A trade union, trades union or labor union is an organization of workers that have banded together to achieve common goals such as better working conditions. The trade union, through its leadership, bargains with the employer on behalf of union members and negotiates labour contracts with...
workforce with a non-union workforce.
The Court heard an application for special leave to appeal from a decision of the Full Court of the Federal Court of Australia
Federal Court of Australia
The Federal Court of Australia is an Australian superior court of record which has jurisdiction to deal with most civil disputes governed by federal law , along with some summary criminal matters. Cases are heard at first instance by single Judges...
, which itself was an appeal from a decision by Justice Tony North of the Federal Court upon an application for urgent interlocutory relief which had been brought by the Maritime Union of Australia
Maritime Union of Australia
The Maritime Union of Australia covers waterside workers, seafarers, port workers, professional divers, and office workers associated with Australian ports. As of 2011 the union has about 13,000 members. It is an affiliate of the International Transport Workers' Federation and represents the...
. The notice of motion seeking the interlocutory orders from North J was filed on 6 April 1998, and the litigation went from that original step to a decision of the High Court within a single month.
The orders made by North J sought to unravel a set of arrangements which had been made within the Patrick group of companies, arrangements which were found to give rise to an arguable case that there had been a conspiracy to injure the MUA members in their employment, contrary to the protections of the Workplace Relations Act 1996
Workplace Relations Act 1996
The Workplace Relations Act 1996 is an Australian law passed by the Howard Government after coming into power in 1996. It replaced the previous Labor Government's Industrial Relations Act 1988. It started operation on 1 January 1997 and provided for the continuation of the federal award system...
. Those orders were upheld on appeal to the Full Court of the Federal Court.
The High Court upheld the substance of the orders, but modified them to impose less onerous obligations on the administrator who had taken over the management of the relevant employer corporations under the provisions of the Corporations Law.
Text of decision
- Patrick Stevedores Operations No 2 Pty Ltd v Maritime Union of Australia