McCann v Mt Isa Mines Limited

REASONS FOR JUDGMENT 1 By an application filed on 4 September 2003, Brian Edward McCann, the Automotive, Food, Metal, Engineering, Printing and Kindred Industries Union ("the AMWU") and the Automotive, Food, Metals, Engineering, Printing and Kindred Industrial Union of Employees Queensland ("the AMWUQ") brought an application against Mount Isa Mines Limited ("Mt Isa Mines") under s 298T of the Workplace Relations Act 1996 (Cth)("the Act") and s 39(1)(A)(c) of the Judiciary Act 1903 (Cth) in relation to claimed contraventions of s 298K of the Act. 2 The details of the claim in the principal proceedings and the claims for interlocutory relief are set out as follows: 'A. DETAILS OF THE CLAIM 1. On the grounds stated in the accompanying Affidavits, the First, Second and Third Applicants ("the Applicants") claim a Declaration ("the Declaration") that the Respondent has engaged in conduct in contravention of Section 298K of the Act, namely that the Respondent has: (a) dismissed and/or threatened to dismiss the First Applicant; and/or (b) injured or threatened to injure the First Applicant in his employment with the Respondent; and/or (c) altered or threatened to alter the position of the First Applicant to his prejudice, for a prohibited reason or reasons which include the prohibited reason that the First Applicant is and was at all material times: (i) a delegate of an industrial association, namely, the Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union ("the Federal Union") and, or in the alternative, the Automotive, Metals, Engineering, Printing and Kindred Industrial Union of Employees, Queensland ("the State Union"); or, in the alternative (ii) a member of an industrial association, namely, the Federal Union and, or in the alternative, the State Union that is seeking better industrial conditions and is dissatisfied with his conditions. 2. A Declaration that the purported termination of the employment of the First Applicant was and is invalid, ineffective and of no force and effect. 3. An order pursuant to s.298U(b) requiring the Respondent to reinstate the First Applicant. 4. An order pursuant to s.298U(c) requiring the Respondent to pay to the First Applicant compensation of such amount as the Court thinks appropriate. 5. An order imposing a penalty or penalties pursuant to s.198U of the Act upon the Respondent in respect of the conduct referred to in the Declaration. 6. An injunction pursuant to s.198U(e) of the Act requiring the Respondent not to contravene s.298K of the Act. 7. Any further or other Orders that the Court deems fit. B. CLAIMS FOR INTERLOCUTORY RELIEF And the Applicants claim by way of interlocutory relief: