ABB Australia Pty Ltd v Communications, Electrical, Electronic

ABB Australia Pty Ltd and Worley Australia Pty Ltd, the applicants, sought interlocutory relief against the Communications, Electrical, Electronic, and Plumbing Union (CEPU) and various respondents, who were employees of the applicants, following a series of industrial disputes at the Longford Gas Plant. The applicants sought an order for injunctive relief under sections 127(6) and 170MN of the Workplace Relations Act 1996 (Cth), alleging that the CEPU had incited its members to engage in industrial action in breach of a prior order made by Deputy President Hamilton of the Industrial Relations Commission.

The primary issues before the court were whether there was a serious question to be tried regarding the applicants' claims and whether the balance of convenience favoured the grant of interlocutory relief. The court found that there was a serious question to be tried as to whether the CEPU had incited its members to breach the prior order. The evidence suggested that the CEPU, through its representatives, was likely responsible for the industrial action taken by its members. The court also concluded that the balance of convenience overwhelmingly favoured granting the interlocutory relief to the applicants.

The court granted the applicants leave to file their amended application and issued an interim injunction restraining the CEPU from inciting or encouraging employees to engage in industrial action and restraining the specified respondents from participating in such action. The court also provided specific directions for the service of the orders and reserved the right for all parties to apply for any variation or discharge of the orders.

This decision highlights the court's consideration of the balance of convenience and the existence of a serious question to be tried when granting interlocutory relief in employment disputes involving industrial action and union conduct.