Australian Workers Union v A.B.B. Power Generation Pty Ltd [1997] FCA 1239

Australian Workers Union v A.B.B. Power Generation Pty Ltd [1997] FCA 1239

Although the evidence established a serious issue to be tried regarding refusal of employment based on AWU membership, the applicants have an adequate remedy in compensation and granting interim relief would, in practice, grant the major final relief sought. Therefore, the application for interim relief is refused.

Parties
Applicant: Australian Workers Union; Respondent: A.B.B. Power Generation Pty Ltd
Jurisdiction
Australia
Judgment Date
19 August 1997
Procedural Posture
Application for Interim Relief / Interlocutory Hearing
Outcome
Application for interim relief dismissed
Legal Topics
Interim Relief, Union Membership Discrimination, Employment Refusal, Compensation, Injunction Balance of Convenience
Industrial Law Interim Relief Union Membership Discrimination Employment Refusal Compensation Injunction Balance of Convenience

Case Brief

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Parties

Australian Workers Union

Applicant

A.B.B. Power Generation Pty Ltd

Respondent

Procedural Posture

Application for Interim Relief / Interlocutory Hearing

Legal Issues

  1. 1 Whether respondent refused employment on basis of membership of a union
  2. 2 Whether evidence establishes a serious issue to be tried
  3. 3 Whether balance of convenience favours grant or refusal of interim relief

Ratio Decidendi

Although the evidence established a serious issue to be tried regarding refusal of employment based on AWU membership, the applicants have an adequate remedy in compensation and granting interim relief would, in practice, grant the major final relief sought. Therefore, the application for interim relief is refused.

Court Disposition

Application for interim relief dismissed

Orders

  • The application for interim relief is dismissed