Abigroup Contactors Pty Ltd v Construction, Forestry, Mining And Energy Union and Ors (No.2)

Abigroup Contractors Pty Ltd (Abigroup) sought interlocutory relief against the Construction, Forestry, Mining and Energy Union (CFMEU) and several of its officials. The dispute concerned alleged contraventions of section 346C of the *Workplace Relations Act 1996* (Cth) (the Act), which prohibits employers from dismissing or otherwise disadvantaging employees for reasons related to their union membership or activities. Abigroup alleged that the CFMEU and its officials had engaged in conduct designed to pressure Abigroup into dismissing certain employees, thereby contravening section 346C. The matter came before Jarrett J of the Federal Court of Australia.

The primary legal issue before the Court was whether Abigroup had established a sufficient likelihood of success on the merits to warrant the grant of interlocutory injunctions. This required the Court to consider whether Abigroup could demonstrate that the CFMEU and its officials had engaged in conduct that contravened section 346C of the Act, specifically by pressuring Abigroup to dismiss employees for reasons related to their union membership or activities. The Court also had to assess whether the balance of convenience favoured the grant of injunctive relief.

Jarrett J considered the evidence presented by Abigroup, which included allegations of threats and intimidation by CFMEU officials aimed at forcing Abigroup to dismiss specific employees. The Court applied the principles governing the grant of interlocutory injunctions, requiring Abigroup to show a serious question to be tried and that the balance of convenience favoured the granting of relief. His Honour found that Abigroup had not discharged the onus of demonstrating a sufficient likelihood of success on the merits to justify the grant of interlocutory injunctions at that stage of the proceedings. The evidence, as presented, did not establish a strong prima facie case that the CFMEU's conduct amounted to a contravention of section 346C of the Act.

Consequently, Abigroup's application for interlocutory injunctions was dismissed.