Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
National Union of Workers v AB Oxford Cold Storage Company Pty Ltd [2017] FCA 1220 File number: VID 474 of 2017
Judge: BROMBERG J
Date of judgment: 12 May 2017
Catchwords: PRACTICE AND PROCEDURE – interim injunctions – where the applicant union alleges that the respondent companies engaged in a system of labour hire having the effect of denying employees the opportunity to bargain for an EBA – where employees' current employer, the second respondent, proposed to cease operating on 15 May 2017 – whether serious question to be tried – circumstances give rise to a serious question under s 340(1) of the Fair Work Act 2009 (Cth) whether first and second respondents have taken or propose to take adverse action motivated by a prohibited reason – whether balance of convenience favours grant of relief – interim orders made subject to applicant's usual undertaking as to damages
Legislation: Fair Work Act 2009 (Cth) ss 340, 341, 342, 360
Cases cited: Maritime Union of Australia v Patrick Stevedores No 1 Pty Ltd (1998) 77 FCR 456 Patrick Stevedores Operations No 2 Pty Ltd v Maritime Union of Australia (1998) 195 CLR 1
Date of hearing: 12 May 2017
Registry: Victoria
Division: Fair Work Division
National Practice Area: Employment & Industrial Relations
Category: Catchwords
Number of paragraphs: 16
Counsel for the Applicant: Mr A Solomon-Bridge
Solicitor for the Applicant: Holding Redlich
Counsel for the Respondents: Mr T Donaghey
Solicitor for the Respondents: HR Legal
ORDERS VID 474 of 2017
BETWEEN: NATIONAL UNION OF WORKERS Applicant
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