Communications, Electrical, Electronic, Energy, Information, Postal and Allied Services Union of Australia v Dee Vee Pty Ltd [2012] FCA 988

Communications, Electrical, Electronic, Energy, Information, Postal and Allied Services Union of Australia v Dee Vee Pty Ltd [2012] FCA 988

There is a serious question to be tried whether the second applicant's termination was for a prohibited reason, and the balance of convenience favours an injunction restoring him to his former position pending trial.

Parties
First Applicant: Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia; Second Applicant: William John Damen; Respondent: Dee Vee Pty Ltd (ACN 152 688 983)
Jurisdiction
Australia
Judgment Date
03 September 2012
Procedural Posture
Industrial Law/interlocutory / Application for Interim Injunction Pending Hearing
Outcome
Interim injunction granted
Legal Topics
Adverse Action, Fair Work Act 2009 (cth), Interim Injunction, Restoration to Employment, Balance of Convenience
Industrial Law Adverse Action Fair Work Act 2009 (cth) Interim Injunction Restoration to Employment Balance of Convenience

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Parties

Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia

First Applicant

William John Damen

Second Applicant

Dee Vee Pty Ltd (ACN 152 688 983)

Respondent

Procedural Posture

Industrial Law/interlocutory / Application for Interim Injunction Pending Hearing

Legal Issues

  1. 1 Whether the termination of the second applicant's service constituted adverse action in contravention of sections 340, 346 of the Fair Work Act 2009 (Cth)
  2. 2 Whether an interim injunction should be granted pending trial

Ratio Decidendi

There is a serious question to be tried whether the second applicant's termination was for a prohibited reason, and the balance of convenience favours an injunction restoring him to his former position pending trial.

Court Disposition

Interim injunction granted

Orders

  • Until hearing and determination or further order, the respondent reinstate the second applicant to his former position as parcel delivery driver on prior terms and conditions.
  • The respondent be restrained from dismissing, terminating, or preventing the second applicant from performing his duties.