Queensland Alumina Limited v The Maritime Union of Australia
Citation: [2009] FCA 874
At a glance
- Employees affected
- 9
What happened
Ship crew members (integrated ratings) employed by ASP Ship Management to operate the MV Fitzroy River, a vessel transporting bauxite from Weipa to Gladstone, refused to sail the vessel on 26 July 2009. They demanded 'concrete agreement' from Rio Tinto that replacement vessels would be crewed by Australian seafarers, reflecting concerns that aging ships would be replaced by foreign-crewed vessels. Two Maritime Union of Australia officials had visited crew on 25 July. Queensland Alumina Limited sought interlocutory relief to restrain alleged industrial action.
What was decided
The Federal Court dismissed QAL's application for interlocutory relief. While the crew's refusal to sail clearly breached s.417 of the Fair Work Act (industrial action during enterprise agreement), the Court found no substantial evidence that MUA officers knowingly organized or encouraged the action. The Court held the crew's own concerns about their future employment provided sufficient motivation independent of union organizing. No serious question to be tried existed regarding union responsibility for the action.
What it means for employers
Courts will not infer union organizing of industrial action without clear evidence of encouragement or instruction. The mere presence of union officials before action occurs is insufficient. Employers cannot obtain injunctions against unions without proving union involvement or organization. Crew concerns about job security or vessel replacement may motivate action independently of union direction.
What it means for employees
Workers can take industrial action in response to workplace concerns even if union officials are present or aware. For the action to become the union’s legal responsibility, evidence of union organization or encouragement is required. Informal visits by union officials do not necessarily mean the union organized subsequent action. Concerns about job security are legitimate motivations for worker action.
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https://www.judgments.fedcourt.gov.au/judgments/Judgments/fca/single/2009/2009fca0874Want more cases like this?
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This summary was drafted from the published decision and reviewed before publishing. It is general information, not legal advice. For your specific situation, speak to the Fair Work Ombudsman (13 13 94) or a qualified lawyer. About these summaries & corrections