United Group Resources Pty Ltd ABN 17 114 888 201 v Calabro (No 2)
Citation: [2010] FCA 71
At a glance
- Employees affected
- 1600
What happened
Building contractors at the Pluto LNG Project on Burrup Peninsula employed over 1,600 workers. In late January 2010, workers engaged in strike action for about 9 days protesting changes to accommodation arrangements. The strikers caused significant disruption, with estimated losses of approximately $500,000 per day. Fair Work Australia issued orders on 23 January 2010 requiring employees to return to work, but the strike continued until 30 January. Picket lines were established on the project access road causing further disruption.
What was decided
The court granted an interim injunction extending until 18 February 2010 restraining respondents from failing to attend work, performing work outside their employment terms, or adopting practices restricting work performance. The injunction also prevented interference with other workers' performance through bans or limitations. The court noted there was a strong primary case of historical breaches and strong balance of convenience, notwithstanding that unlawful conduct had ceased and evidence of probable imminent recurrence was limited.
What it means for employers
Courts can grant injunctions to prevent unlawful industrial action and can extend injunctions for significant periods where there is evidence of a pattern of previous breaches, even if immediate unlawful conduct has temporarily ceased.
What it means for employees
Engaging in strike action in breach of court orders or without legal justification can result in restraining orders preventing workers from taking action. Workers should understand that unprotected industrial action can trigger swift legal enforcement.
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https://www.judgments.fedcourt.gov.au/judgments/Judgments/fca/single/2010/2010fca0071Want 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 →