Construction Forestry Mining and Energy Union v Anglo Coal (Capcoal Management) Pty Ltd [2016] FCA 1582

Construction Forestry Mining and Energy Union v Anglo Coal (Capcoal Management) Pty Ltd [2016] FCA 1582

The application was competent because an interim order reinstating dismissed employees pending final determination is an "interim injunction" within s 370(b) of the Fair Work Act 2009 (Cth). Capcoal conceded a prima facie case on the decision to implement redundancies, and the evidence showed a strong case that the redundancies and selections were connected with protected industrial action and union activity. Damages would not adequately remedy the loss of the employees' statutory capacity to engage in protected industrial action, safety concerns were unsupported, Capcoal identified no prejudice from the short delay, and the employees' undertakings concerning termination payments...

Jurisdiction
Australia
Judgment Date
23 December 2016
Procedural Posture
General Protections Court Application Alleging Adverse Action Contrary to Pt 3 1 of the Fair Work Act 2009 (cth) / Interlocutory Application for Interim Reinstatement Pending Hearing and Determination or Further Order
Outcome
Interim injunctions granted requiring reinstatement of Russell Herdman and Luke Scotton pending hearing and determination of the application or further order.
Legal Topics
['termination of Employment' 'redundancy' 'adverse Action' 'general Protections' 'protected Industrial Action' 'interim Injunction' 'interim Reinstatement' 'balance of Convenience' 'delay']
['industrial Law' 'employment Law'] ['termination of Employment' 'redundancy' 'adverse Action' 'general Protections' 'protected Industrial Action' 'interim Injunction' 'interim Reinstatement' 'balance of Convenience' 'delay']

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Procedural Posture

General Protections Court Application Alleging Adverse Action Contrary to Pt 3 1 of the Fair Work Act 2009 (cth) / Interlocutory Application for Interim Reinstatement Pending Hearing and Determination or Further Order

Legal Issues

  1. 1 ['Whether an order for interim reinstatement is an "interim injunction" for the purposes of s 370(b) of the Fair Work Act 2009 (Cth).' 'Whether the applicants had shown a prima facie case or sufficient likelihood of success to justify interim relief.' 'Whether the balance of convenience favoured interim reinstatement of Russell Herdman and Luke Scotton.' 'Whether discretionary relief should be refused because of alleged delay in bringing the application.' 'Whether safety consequences or adequacy of final relief militated against interim reinstatement.']

Ratio Decidendi

The application was competent because an interim order reinstating dismissed employees pending final determination is an "interim injunction" within s 370(b) of the Fair Work Act 2009 (Cth). Capcoal conceded a prima facie case on the decision to implement redundancies, and the evidence showed a strong case that the redundancies and selections were connected with protected industrial action and union activity. Damages would not adequately remedy the loss of the employees' statutory capacity to engage in protected industrial action, safety concerns were unsupported, Capcoal identified no prejudice from the short delay, and the employees' undertakings concerning termination payments...

Court Disposition

Interim injunctions granted requiring reinstatement of Russell Herdman and Luke Scotton pending hearing and determination of the application or further order.

Orders

  • ['Upon the usual undertaking as to damages given by the first applicant and undertakings by each of the second and third applicants to put the money paid to him by the respondent upon termination into a term deposit and not withdraw it until further order, until the hearing and determination of this application or...