Commonwealth of Australia (represented by the Department of Immigration and Border Protection) v CPSU, the Community and Public Sector Union

The Commonwealth of Australia, represented by the Department of Immigration and Border Protection, sought to suspend or terminate protected industrial action initiated by the Community and Public Sector Union. The matter was heard in the Fair Work Commission, which has jurisdiction under section 424 of the Fair Work Act 2009. The union had engaged in protected action that affected the processing of visa applications, leading to significant backlogs and delays. The Commonwealth argued that the industrial action was causing undue hardship to applicants and the public, and therefore requested that the Commission grant orders to suspend or terminate the action.

The legal issues before the Commission included whether the industrial action was protected action under the Fair Work Act and whether the Commonwealth had established grounds for suspending or terminating the action. The Commission had to assess the impact of the industrial action on the public, the potential for the action to cause undue hardship, and whether the Commonwealth had a legitimate reason for seeking the termination of the action. The union argued that the action was protected and necessary to address legitimate workplace grievances.

The Commission found that the industrial action was protected and necessary to address the union's legitimate workplace concerns. However, it also recognised the significant impact the action was having on visa applicants and the public. The Commission concluded that the Commonwealth had established grounds for terminating the action, as the impact on the public outweighed the union's right to engage in protected action. The Commission ordered that the protected action be terminated, with specific conditions to ensure a gradual return to normal operations. The union was also directed to take steps to mitigate the impact of the termination on its members and to facilitate a return to normal service levels.