Patrick Stevedores v MUA [1998] HCA 30

ON THIS DAY in 1998, the High Court of Australia delivered Patrick Stevedores v MUA [1998] HCA 30; 195 CLR 1; 72 ALJR 873; 79 IR 339; 153 ALR 643 (4 May 1998).

The High Court rejected Patrick’s appeal to overturn orders of the Federal Court arising from the waterfront dispute of Easter 1998.

Patrick had locked out its national workforce of about 1400 permanent and 300 part time staff and sought to terminate them on the grounds that their services were no longer required as they were employed by four labour hire companies (restructured in September 1997) that had ceased trading and had been placed under administration whilst Patrick had been involved in the organisation of a non-unionised alternative.

The MUA obtained Federal Court interim injunctions to maintain the pre-Easter status quo and stop the terminations. The effect of the injunctions was to require the specific performance of contracts of service, a remedy which the courts generally do not favour. However, the MUA satisfied the Federal Court that the balance of convenience favoured the relief sought chiefly through undertakings that the workers would refrain from industrial action and not hold the administrators personally liable for their wages and other benefits.

The High Court upheld the Federal Court orders and granted further orders to allow the administrators to properly exercise their functions.