Troy Dux v Terrence Bradley and Australian Manufacturing Workers Union

Applicant: ABCC Inspector Troy Dux

Respondent(s): Terrence Bradley and Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union trading as the Australian Manufacturing Workers Union. 

Date filed: 21 April 2009

Court Findings:

The Federal Magistrates Court found that on 18 September 2008, AMWU organiser Terry Bradley and the AMWU contravened section 494(1) of the WR Act and engaged in unlawful industrial action contrary to section 38 of the BCII Act by holding a stop work meeting at the Darling Downs Power Station site in Brisbane, QLD.

Laing O'Rourke Australia Construction Pty Ltd was the principal contractor engaged to build the new Darling Downs Power Station, near Dalby, west of Brisbane.

On 18 September 2008, AMWU organiser, Terrence Bradley, spoke at a meeting of members of the AMWU and other Laing O'Rourke employees at the site.

Following the meeting, 98 employees left the site and failed to return to work.

The action was in support of a claim for paid travel time, which was not provided for in the workplace agreement.

Court Outcome:

FM Wilson did not release reasons for his findings of 26 February 2010. The parties agreed that the orders of Wilson FM continue to stand and that the proceeding be permanently stayed. On 26 February Burnett FM made orders to this effect.