Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia v Green Light Contractors Pty Ltd [2023] FCA 536

Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia v Green Light Contractors Pty Ltd [2023] FCA 536

The applicants established an arguable case of mid-level strength that at least one employee is employed as a linesman and therefore the union is entitled to represent their industrial interests. The balance of convenience favours granting the injunction given evidence of suboptimal working conditions and limited pressing urgency, previous grant of similar injunctions, and potential non-trivial irreversible consequences. The injunction is confined to preventing refusal of entry based solely on union coverage and will be granted subject to the usual undertaking as to damages.

Parties
First Applicant: Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia; Second Applicant: Matthew Murphy; Third Applicant: Matthew McCann; Fourth Applicant: Max Mawby; Fifth Applicant: Ben Schmidt; Respondent: Green Light Contractors Pty Ltd
Jurisdiction
Australia
Judgment Date
25 May 2023
Procedural Posture
Interlocutory Application / Application for Interlocutory Injunction
Outcome
Interlocutory injunction granted
Legal Topics
Right of Entry, Union Coverage, Balance of Convenience, Mandatory Interlocutory Injunction
Industrial Law Employment Law Right of Entry Union Coverage Balance of Convenience Mandatory Interlocutory Injunction

Case Brief

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Parties

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

First Applicant

Matthew Murphy

Second Applicant

Matthew McCann

Third Applicant

Max Mawby

Fourth Applicant

Ben Schmidt

Fifth Applicant

Green Light Contractors Pty Ltd

Respondent

Procedural Posture

Interlocutory Application / Application for Interlocutory Injunction

Legal Issues

  1. 1 Whether union organisers are entitled to entry under Fair Work Act 2009 (Cth) given the union's coverage of employees.
  2. 2 Whether the balance of convenience favours granting an interlocutory injunction.

Ratio Decidendi

The applicants established an arguable case of mid-level strength that at least one employee is employed as a linesman and therefore the union is entitled to represent their industrial interests. The balance of convenience favours granting the injunction given evidence of suboptimal working conditions and limited pressing urgency, previous grant of similar injunctions, and potential non-trivial irreversible consequences. The injunction is confined to preventing refusal of entry based solely on union coverage and will be granted subject to the usual undertaking as to damages.

Court Disposition

Interlocutory injunction granted

Orders

  • The Respondent must not refuse, delay, hinder or obstruct entry by the Second to Fifth Applicants to the EnergyConnect project in accordance with notices served on 12 or 22 May 2023 by reason only, or for reasons which include, that the Respondent contends that there are no workers whose industrial interests the...