Automotive, Food, Metals, Engineering, Printing & Kindred Industries Union v Maintenance Resource Engineering Pty Ltd (ACN 065 065 297 001) [2003] FCA 570

Automotive, Food, Metals, Engineering, Printing & Kindred Industries Union v Maintenance Resource Engineering Pty Ltd (ACN 065 065 297 001) [2003] FCA 570

There was a serious question to be tried as to whether MRE contravened s 298K by refusing to employ Mr Cook for a prohibited reason, but the balance of convenience and discretionary factors did not favour granting interlocutory relief, given Mr Cook was not a current employee, the short expected employment period, availability of damages, and CBI's contractual rights.

Jurisdiction
Australia
Judgment Date
06 June 2003
Procedural Posture
Application for Interlocutory Injunction / Interlocutory Stage, Orders on Application for Interlocutory Relief
Outcome
Application for interlocutory injunction refused. Directions given for speedy trial and filing of pleadings/affidavits.
Legal Topics
['refusal to Employ for Union Reasons' 'interlocutory Injunctions' 'reverse Onus Under S 298 V' 'employer Contractual Obligations' 'section 298 K Workplace Relations Act']
['employment Law' 'industrial Relations'] ['refusal to Employ for Union Reasons' 'interlocutory Injunctions' 'reverse Onus Under S 298 V' 'employer Contractual Obligations' 'section 298 K Workplace Relations Act']

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Procedural Posture

Application for Interlocutory Injunction / Interlocutory Stage, Orders on Application for Interlocutory Relief

Legal Issues

  1. 1 ['Whether the refusal to employ Mr Cook contravened s 298K of the Workplace Relations Act 1996 by reason of his union activities' 'Whether the balance of convenience favoured granting an interlocutory injunction' "Whether MRE's refusal was for a prohibited reason or solely based on other grounds"]

Ratio Decidendi

There was a serious question to be tried as to whether MRE contravened s 298K by refusing to employ Mr Cook for a prohibited reason, but the balance of convenience and discretionary factors did not favour granting interlocutory relief, given Mr Cook was not a current employee, the short expected employment period, availability of damages, and CBI's contractual rights.

Court Disposition

Application for interlocutory injunction refused. Directions given for speedy trial and filing of pleadings/affidavits.

Orders

  • ['The application for an interlocutory injunction be refused.' 'Applicants to file and serve by 12 June 2003 an amended statement of claim.' 'Respondents to file and serve by 18 June 2003 their defences to the amended statement of claim.' 'There be a speedy trial of the application on 30 June and 1 July 2003, to...