Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union v Stanwell Corporation Ltd [2014] FCA 89

Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union v Stanwell Corporation Ltd [2014] FCA 89

The interlocutory injunction was refused because the applicants' evidence of major change and significant effect on Tarong employees was weak, speculative and effectively refuted by Stanwell's evidence that operational and workforce changes already made enabled the existing workforce to recommission units 2 and 4 without major change. The applicants therefore did not establish a serious question to be tried. In any event, the balance of convenience favoured Stanwell because the applicants identified no specific detriment beyond loss of the opportunity for consultation, while Stanwell would suffer real prejudice including an estimated loss of $1.2 million-$1.8 million from a two week delay.

Jurisdiction
Australia
Judgment Date
17 February 2014
Procedural Posture
Industrial Law Proceeding Alleging Contraventions of S 50 of the Fair Work Act 2009 (cth) by Breach of Enterprise Agreement Consultation Terms / Urgent Interlocutory Application for Injunctive Relief
Outcome
The amended application for interlocutory relief was dismissed.
Legal Topics
['interlocutory Injunction' 'enterprise Agreement Consultation Obligations' 'major Change' 'fair Work Act Contravention' 'balance of Convenience']
['industrial Law' 'employment Law'] ['interlocutory Injunction' 'enterprise Agreement Consultation Obligations' 'major Change' 'fair Work Act Contravention' 'balance of Convenience']

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Procedural Posture

Industrial Law Proceeding Alleging Contraventions of S 50 of the Fair Work Act 2009 (cth) by Breach of Enterprise Agreement Consultation Terms / Urgent Interlocutory Application for Injunctive Relief

Legal Issues

  1. 1 ["Whether the applicants raised a serious question to be tried that Stanwell's decision to reactivate units 2 and 4 at Tarong Power Station introduced a major change likely to have a significant effect on employees under cl 2.11 of the Tarong Power Station Enterprise Agreement 2012." 'Whether the balance of convenience favoured an interlocutory injunction restraining Stanwell from taking further steps to increase capacity at Tarong Power Station until consultation occurred.' 'Whether damages would be an inadequate remedy for the applicants if interlocutory relief were refused.']

Ratio Decidendi

The interlocutory injunction was refused because the applicants' evidence of major change and significant effect on Tarong employees was weak, speculative and effectively refuted by Stanwell's evidence that operational and workforce changes already made enabled the existing workforce to recommission units 2 and 4 without major change. The applicants therefore did not establish a serious question to be tried. In any event, the balance of convenience favoured Stanwell because the applicants identified no specific detriment beyond loss of the opportunity for consultation, while Stanwell would suffer real prejudice including an estimated loss of $1.2 million-$1.8 million from a two week delay.

Court Disposition

The amended application for interlocutory relief was dismissed.

Orders

  • ['The amended application for interlocutory relief filed 14 February 2014 be dismissed.']