National Union of Workers v AB Oxford Cold Storage Company Pty Ltd [2017] FCA 1220

National Union of Workers v AB Oxford Cold Storage Company Pty Ltd [2017] FCA 1220

There is a serious question to be tried as to whether the respondents have acted or propose to act for a prohibited reason contrary to the Fair Work Act 2009 (Cth), and the balance of convenience favours interim relief to maintain the status quo and prevent possible denial of employees' capacity to bargain for an EBA.

Jurisdiction
Australia
Judgment Date
12 May 2017
Procedural Posture
Application for Interim Injunctions / Interlocutory/interim Orders
Outcome
Interim injunctions granted, matter adjourned for further hearing
Legal Topics
['interim Injunctions' 'adverse Action' 'enterprise Bargaining Agreement (eba)' 'workplace Rights']
['employment & Industrial Relations'] ['interim Injunctions' 'adverse Action' 'enterprise Bargaining Agreement (eba)' 'workplace Rights']

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 1 Authorities cited 2 Party arguments 2 Amounts and remedies 1
Sign in to unlock

Procedural Posture

Application for Interim Injunctions / Interlocutory/interim Orders

Legal Issues

  1. 1 ['Whether AB Oxford and Coldunit took or proposed to take adverse action against employees for exercising workplace rights under s 340(1) of the Fair Work Act 2009 (Cth)' 'Whether circumstances give rise to a serious question to be tried under the Fair Work Act' 'Whether the balance of convenience favours granting interim relief']

Ratio Decidendi

There is a serious question to be tried as to whether the respondents have acted or propose to act for a prohibited reason contrary to the Fair Work Act 2009 (Cth), and the balance of convenience favours interim relief to maintain the status quo and prevent possible denial of employees' capacity to bargain for an EBA.

Court Disposition

Interim injunctions granted, matter adjourned for further hearing

Orders

  • ['AB Oxford and Coldunit restrained from terminating the labour supply agreement and required to maintain it until 5pm on 19 May 2017 or further order.' 'Coldunit restrained from dismissing its employees working at the Laverton North site until 5pm on 19 May 2017 or further order.' 'AB Oxford and Hagson restrained...