Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia v Electrix Pty Ltd [2018] FCA 1879

FEDERAL COURT OF AUSTRALIA

Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia v Electrix Pty Ltd [2018] FCA 1879 File number: QUD 805 of 2018

Judge: RANGIAH J

Date of judgment: 16 November 2018

Catchwords: INDUSTRIAL LAW – application for interlocutory injunction requiring respondent to reinstate applicant in employment – where applicant's employment was terminated on a summary basis – where applicant alleges respondent took adverse action because a workplace right was exercised – where respondent alleges that applicant breached Code of Conduct – application allowed

Legislation: Fair Work Act 2009 (Cth) ss 340(1), 341(1), s 342(1), and 361(1)

Cases cited: Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia v Blue Star Pacific Pty Ltd (2009) 184 IR 333

Date of hearing: 16 November 2018

Registry: Queensland

Division: Fair Work Division

National Practice Area: Employment & Industrial Relations

Category: Catchwords

Number of paragraphs: 35

Counsel for the Applicant: Mr WL Friend QC

Solicitor for the Applicant: Hall Payne Lawyers

Counsel for the Respondent: Mr A Duffy QC

Solicitor for the Respondent: Colin Biggers & Paisley

ORDERS QUD 805 of 2018

BETWEEN: COMMUNICATIONS, ELECTRICAL, ELECTRONIC, ENERGY, INFORMATION, POSTAL, PLUMBING AND ALLIED SERVICES UNION OF AUSTRALIA Applicant

AND: ELECTRIX PTY LTD Respondent

JUDGE: RANGIAH J DATE OF ORDER: 16 NOVEMBER 2018

Upon the applicant giving the usual undertaking as to damages