VIC: Shell, union in legal "turf war"

AAP General News (Australia)
08-09-1999
VIC: Shell, union in legal "turf war"

MELBOURNE, Aug 9 AAP - Shell was waging a legal "turf war" against unions picketing its
Geelong facilities, the Supreme Court of Victoria was told today.

The contractors are picketing Shell's refinery, wharf and gas terminal at Geelong as part
of a campaign for a five per cent pay rise.

In a complicated series of legal actions involving both the Federal and Supreme Courts,
which revisited unresolved legal arguments fought during the protracted waterfront dispute,
both the unions and Shell have been lodging actions against each other.

On Friday, Shell headed off a looming union action in the Federal Court by taking out a
Supreme Court interim injunction restraining unions from taking the company to the Federal
Court.

Today, union barrister Noel McGee said the union had not been warned about the Friday
hearing and said Shell's solicitors had told the union no Supreme Court actions were planned.

The Supreme Court has the power to issue stronger penalties and orders over union pickets
than the Federal Court.

This morning, the unions unsuccessfully sought to overturn Justice Barry Beach's interim
order, accusing the company of starting legal turf wars and "inflaming its case" by claiming
union pickets were causing the company harm.

In a technical argument over the lodging of restraint orders, Mr McGee said Shell could not
argue it may suffer loss or damage on the assumption of the outcome of a Federal Court hearing
and that mentioning union pickets was a "red herring".

"The only reason they (Shell) got this order was so they could shop for a forum; they could
have launched a separate order to seek an end to the picketing," he said.

"It is seeking to inflame this court to make a turf war on these kinds of disputes with the
Federal Court."

Refusing the union bid, Justice Beach said the Supreme Court was the superior court of the
state, and had the power to take action to prevent unlawful actions by people who could cause
damage to others.

The interim order expires tomorrow, when the union will be forced to argue why it should
not remain.

AAP ag/er/kr/de

KEYWORD: SHELL LEGAL

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