Australian Workers' Union v Chemring Australia Pty Ltd

The Australian Workers' Union (AWU) sought an interlocutory injunction against Chemring Australia Pty Ltd, alleging that the employer failed to comply with an enterprise agreement and sought to take disciplinary action against Mr Smith, an AWU delegate and occupational health and safety representative. The Federal Circuit Court was required to determine whether the AWU had presented a sufficiently strong prima facie case to warrant the grant of an interlocutory injunction and whether the balance of convenience favoured the AWU's application. The Court found that while there were factors that weighed in favour of granting the injunction, the evidence presented by the AWU was not sufficiently strong to meet the threshold required for interlocutory relief. Furthermore, the Court determined that the balance of convenience did not decisively favour the AWU, as it was not the only factor to consider. Therefore, the Court dismissed the AWU's application for interlocutory relief. No party made any submission as to costs, and the Court found it appropriate to make no order as to costs. Further orders for the programming of the matter to trial will be made upon consultation with the parties.