Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Construction, Forestry, Mining and Energy Union v CUB Pty Ltd [2015] FCA 692 Citation: Construction, Forestry, Mining and Energy Union v CUB Pty Ltd [2015] FCA 692
Parties: CONSTRUCTION, FORESTRY, MINING AND ENERGY UNION v CUB PTY LTD and AUSTRALIAN ELECTORAL COMMISSION
File number: VID 350 of 2015
Judge: BROMBERG J
Date of judgment: 2 July 2015
Catchwords: INDUSTRIAL LAW — application for injunction under s 545 Fair Work Act 2009 (Cth) — where allegation that respondent breached s 345 FW Act by making false or misleading representation in connection with ballot of employees seeking approval of a proposed enterprise agreement — where applicant sought injunction preventing continuation of ballot, or alternatively communication of result of ballot — serious issue established — identification of balance of convenience — balance of convenience favoured limited injunctive order — interim order made prohibiting communication of result of ballot.
Legislation: Fair Work Act 2009 (Cth) ss 181, 341, 341(2)(e), 345, 345(1)
Date of hearing: 2 July 2015
Place: Melbourne
Division: FAIR WORK DIVISION
Category: Catchwords
Number of paragraphs: 14
Counsel for the Applicant: Ms S Kelly
Solicitor for the Applicant: CFMEU, Legal Branch
Counsel for the Respondents: Mr R Dalton
Solicitor for the Respondents: Corrs Chambers Westgarth
IN THE FEDERAL COURT OF AUSTRALIA VICTORIA DISTRICT REGISTRY FAIR WORK DIVISION VID 350 of 2015
BETWEEN: CONSTRUCTION, FORESTRY, MINING AND ENERGY UNION
Applicant
AND: CUB PTY LTD
First Respondent
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