Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia v Absolute Commissioning Group Pty Ltd [2024] FCA 805

Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia v Absolute Commissioning Group Pty Ltd [2024] FCA 805

Although the applicants established a prima facie case for contraventions of enterprise agreement and general protections, the balance of convenience did not favour granting interlocutory reinstatement as damages were an adequate remedy and respondents could not redeploy applicants; interlocutory relief was therefore refused.

Jurisdiction
Australia
Judgment Date
18 July 2024
Procedural Posture
Interlocutory Application / Judgment on Application for Interlocutory Relief
Outcome
Application for interlocutory relief dismissed
Legal Topics
['termination of Employment' 'interlocutory Relief' 'general Protections' 'enterprise Agreements' 'workplace Rights' 'industrial Activity' 'balance of Convenience' 'prima Facie Case']
['employment and Industrial Relations'] ['termination of Employment' 'interlocutory Relief' 'general Protections' 'enterprise Agreements' 'workplace Rights' 'industrial Activity' 'balance of Convenience' 'prima Facie Case']

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Procedural Posture

Interlocutory Application / Judgment on Application for Interlocutory Relief

Legal Issues

  1. 1 ['Whether the applicant is entitled to interlocutory relief for reinstatement pending determination of claims under the Fair Work Act' 'Whether there is a prima facie case that respondents contravened the enterprise agreement or took adverse action contrary to ss 340 and 346 of the Fair Work Act' 'Whether the balance of convenience favours grant of interlocutory relief for reinstatement']

Ratio Decidendi

Although the applicants established a prima facie case for contraventions of enterprise agreement and general protections, the balance of convenience did not favour granting interlocutory reinstatement as damages were an adequate remedy and respondents could not redeploy applicants; interlocutory relief was therefore refused.

Court Disposition

Application for interlocutory relief dismissed

Orders

  • ['The claim for interlocutory relief contained in the amended originating application filed on 5 July 2024 be dismissed.' 'The proceeding be referred to the National Operations Registry for allocation to a docket judge.']