Federal Court Interim Order - (DP World Melbourne, West Swanson Terminal)

The Federal Court has today made an interim order in respect of a matter involving the MUA and DP World Melbourne Limited.

Pursuant to the order, the MUA is required to communicate to members who are employed by DP World Melbourne Limited to perform crane or straddle operations at the West Swanson Terminal, that industrial action is to cease and not occur, and is not authorised by the MUA.

For the purposes of the order and this communication, industrial action is defined as:

1. the performance of work by an employee in a manner different from that in which it is customarily performed;
2. or the adoption of a practice in relation to work by an employee, the result of which is a restriction or limitation on, or a delay in, the normal rate of movements by a crane or straddle.

However, industrial action does not include industrial action of a kind in respect of which the MUA provides DP World Melbourne Limited with a notice under s 414 of the Fair Work Act 2009 (Cth).

A copy of this Order is here.