Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia (CEPU) v Ryan Wilks Pty Ltd

The Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia (CEPU) brought proceedings against Ryan Wilks Pty Ltd concerning alleged breaches of the *Fair Work Act 2009* (Cth). The dispute centred on the termination of employment of a union delegate.

The primary legal issue before the court was whether Ryan Wilks Pty Ltd had contravened section 340(1) of the *Fair Work Act 2009* (Cth) by taking adverse action against the employee because of their workplace rights, specifically their right to be represented by the CEPU. The court was required to determine if the termination was causally linked to the employee's union membership and their role as a delegate.

Judge Street found that the employer had contravened section 340(1) of the *Fair Work Act 2009* (Cth). The court reasoned that the employer's actions, including the timing of the termination and the reasons provided, demonstrated a causal connection between the employee's exercise of their workplace rights and the adverse action taken. The court applied the principles of adverse action, focusing on the employer's motive and the objective circumstances surrounding the termination. The employer's stated reasons for termination were found to be a pretext for the real reason, which was the employee's union activities.

The court ordered that Ryan Wilks Pty Ltd pay pecuniary penalties for the contravention of the *Fair Work Act 2009* (Cth).