DP World Australia - injunction stopping industrial action

Monday, February 3, 2020

Freight & Trade Alliance (FTA) and the Australian Peak Shippers Association (APSA) have received advice from DP World Australia (DPWA) that the Federal Court of Australia has made a decision to grant an interim interlocutory injunction stopping industrial action.

DPWA Chief Operating Officer Andrew Adam said the order meant it was business as usual at the terminals and customers could be assured there would be no disruption to normal services.

DPWA have sought an injunction against industrial action coordinated by the Construction Forestry Maritime Mining Energy Union (CFMMEU), on the grounds at least one of the union's claims in enterprise bargaining was not permitted under the Fair Work Act 2009.

In granting the interim injunction, the Federal Court of Australia determined the CFMMEU has a case to answer on its decision to press for claims that fail to comply with Australian workplace laws.

Andrew Adam said the statement by the union over local worker rights is another attempt to distract CFMMEU members' attention from its mismanagement of bargaining for new enterprise agreements at DPWA's terminals around Australia.

The interim interlocutory injunction will remain in effect until the final determination of the case, or until alternate orders are made.

The final hearing is scheduled in mid March.

Paul Zalai -  Director and Co-Founder, FTA / Secretariat, APSA