Australian Workers Union v Simon Engineering (Australia) Pty Ltd

The Australian Workers Union brought a case against Simon Engineering (Australia) Pty Ltd in the Federal Circuit Court. The Union sought to prevent the company from employing labour hire workers to perform tasks that were traditionally carried out by its unionised workforce. The court was required to determine whether the Union had standing to bring the action and, if so, whether an interlocutory injunction should be granted to prevent the company from proceeding with its intended employment of labour hire workers.

The court found that the Union had standing to bring the action as it was able to demonstrate that its members' interests would be adversely affected by the company's proposed employment of labour hire workers. However, the court was not persuaded that an interlocutory injunction should be granted. The court found that the Union had not demonstrated that it was likely to succeed at trial, and that the balance of convenience favoured the company's ability to carry out its business without unnecessary interruption. The court also noted that the Union had not provided sufficient evidence to demonstrate that the company's conduct was in breach of any relevant industrial instruments.

The application for an interlocutory injunction was dismissed. The court found that the Union had not satisfied the necessary criteria for the grant of an interlocutory injunction, and that the balance of convenience favoured the company's ability to carry out its business. The court noted that the Union had not provided sufficient evidence to demonstrate that the company's conduct was in breach of any relevant industrial instruments. The court dismissed the Union's application for an interlocutory injunction and made no order as to costs.