Construction, Forestry, Mining and Energy Union v CUB Pty Ltd [2015] FCA 692

Construction, Forestry, Mining and Energy Union v CUB Pty Ltd [2015] FCA 692

There is a serious issue to be tried as to whether the respondent made false or misleading representations about workplace rights in breach of s 345 of the Fair Work Act 2009 (Cth). The balance of convenience favours the grant of a limited interim order restraining the declaration or communication of the ballot result rather than the cessation of the ballot.

Parties
Applicant: Construction, Forestry, Mining and Energy Union; First Respondent: CUB Pty Ltd; Second Respondent: Australian Electoral Commission
Jurisdiction
Australia
Judgment Date
02 July 2015
Procedural Posture
Interlocutory Application / Interim Injunction Hearing
Outcome
Interim injunctive relief granted
Legal Topics
Injunction, Misleading Representation, Enterprise Agreement Ballot, Workplace Rights
Industrial Law Injunction Misleading Representation Enterprise Agreement Ballot Workplace Rights

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Parties

Construction, Forestry, Mining and Energy Union

Applicant

CUB Pty Ltd

First Respondent

Australian Electoral Commission

Second Respondent

Procedural Posture

Interlocutory Application / Interim Injunction Hearing

Legal Issues

  1. 1 Whether CUB Pty Ltd made a misleading representation to employees regarding workplace rights in breach of s 345 Fair Work Act 2009 (Cth)
  2. 2 Whether an injunction restraining the further conduct or declaration of a ballot should be granted

Ratio Decidendi

There is a serious issue to be tried as to whether the respondent made false or misleading representations about workplace rights in breach of s 345 of the Fair Work Act 2009 (Cth). The balance of convenience favours the grant of a limited interim order restraining the declaration or communication of the ballot result rather than the cessation of the ballot.

Court Disposition

Interim injunctive relief granted

Orders

  • The first respondent direct the Australian Electoral Commission that only officials of the Australian Electoral Commission be present when votes are counted.
  • The first respondent direct the Australian Electoral Commission to refrain from declaring or otherwise communicating the result of the Ballot.