DHL Supply Chain (Australia) Pty Limited v United Workers' Union [2021] FCA 707

DHL Supply Chain (Australia) Pty Limited v United Workers' Union [2021] FCA 707

There is a strong prima facie case that the respondents' conduct in seeking information from DHL employees (delegates) constitutes a breach of contractual confidentiality obligations and contravention of ss 182(1) and 183(1) of the Corporations Act, and that the respondents intended to procure such contravention. The balance of convenience favours injunctive relief as damages would be inadequate and the risks of reputational and bargaining prejudice to the applicant are significant.

Jurisdiction
Australia
Judgment Date
24 June 2021
Procedural Posture
Application for Interlocutory Injunction / Interlocutory (injunction Application)
Outcome
Interlocutory injunction granted
Legal Topics
['interlocutory Injunctions' 'confidential Information' 'inducement of Contractual Breach' 'civil Penalty Provisions' 'industrial Action' 'enterprise Bargaining']
['corporations' 'employment Law' 'industrial Relations' 'torts' 'practice and Procedure'] ['interlocutory Injunctions' 'confidential Information' 'inducement of Contractual Breach' 'civil Penalty Provisions' 'industrial Action' 'enterprise Bargaining']

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Procedural Posture

Application for Interlocutory Injunction / Interlocutory (injunction Application)

Legal Issues

  1. 1 ['Whether respondents contravened ss 182(1) or 183(1) Corporations Act 2001 (Cth) by obtaining or using information' 'Whether respondents induced DHL employees to breach contractual confidentiality obligations' 'Whether the balance of convenience favours granting interlocutory injunction' 'Whether there is a prima facie case of tortious or statutory breach']

Ratio Decidendi

There is a strong prima facie case that the respondents' conduct in seeking information from DHL employees (delegates) constitutes a breach of contractual confidentiality obligations and contravention of ss 182(1) and 183(1) of the Corporations Act, and that the respondents intended to procure such contravention. The balance of convenience favours injunctive relief as damages would be inadequate and the risks of reputational and bargaining prejudice to the applicant are significant.

Court Disposition

Interlocutory injunction granted

Orders

  • ['The respondents are restrained from using, copying, publishing, distributing, disclosing or disseminating to any person, any information contained or recorded in any completed, or partially completed, Union Form in their possession, except for compliance with court orders.' "Respondents to deliver up all copies...