Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union v Stanwell Corporation Ltd [2014] FCA 89

FEDERAL COURT OF AUSTRALIA

Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union v Stanwell Corporation Ltd [2014] FCA 89 Citation: Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union v Stanwell Corporation Ltd [2014] FCA 89

Parties: COMMUNICATIONS, ELECTRICAL, ELECTRONIC, ENERGY, INFORMATION, POSTAL, PLUMBING AND ALLIED SERVICES UNION, AUTOMOTIVE, FOOD, METALS, ENGINEERING, PRINTING AND KINDRED INDUSTRIES UNION, QUEENSLAND SERVICES, INDUSTRIAL UNION OF EMPLOYEES and CONSTRUCTION, FORESTRY, MINING AND ENERGY UNION v STANWELL CORPORATION LTD

File number: QUD 53 of 2014

Judge: COLLIER J

Date of judgment: 17 February 2014

Catchwords: INDUSTRIAL LAW – interlocutory injunction – where applicant alleged breach of enterprise workplace agreement in contravention of s 50 Fair Work Act 2009 (Cth) – whether decision to increase capacity at power station a major change under terms of enterprise workplace agreement – whether respondent obliged to consult workers – interlocutory injunction prohibiting respondent from taking further steps to increase capacity at power station sought to allow consultation – whether applicant raises serious question to be tried – whether balance of convenience favours grant of interlocutory injunction – necessary for court to consider evidence to determine whether serious question to be tried – applicant must show sufficient likelihood of success to justify preservation of status quo pending trial – no serious question to be tried – balance of convenience favours refusal of injunction – application dismissed