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Supreme Court allows appeal from High Court, and determines that an interlocutory injunction should not have been granted to restrain union members from picketing premises at which the plaintiff company was working (where the injunction had already been discharged on other grounds), on the grounds that the relevant legislation clearly set out four criteria for industrial action, all of which had been satisfied.
O'Donnell CJ (nem diss): Industrial relations - labour law - strike ballot - notice of industrial action against plaintiff company - injunction to restrain picketing from certain sites where company providing construction services - grant of interlocutory injunction by High Court - appeal to Supreme Court - s. 19(2) of the Industrial Relations Act 1990 - Registered Employment Agreements - REAs - contractual nature of REAs - Sectoral Employment Orders - SEOs - dispute resolution procedure in SEO - requirement that dispute be referred to Labour Court - dispute concerning travel time payment - failure to refer dispute according to SEO procedures - history of industrial relations legislation - requirement of notice prior to application for injunction - quashing of relevant SEO in separate proceedings.
Concurring judgments by Hogan J and Murray J.
Note: This is intended to be a fair and accurate report of a decision made public by a court of law. Any errors should be notified to the editor and will be dealt with accordingly.
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