Communications, Electrical, Electronic, Energy, Information, Postal Plumbing and Allied Services Union of Australia v Aurora Energy Pty Ltd

The Communications, Electrical, Electronic, Energy, Information, Postal Plumbing and Allied Services Union of Australia (the Union) brought proceedings against Aurora Energy Pty Ltd (Aurora Energy) in the Federal Court of Australia. The dispute concerned Aurora Energy's alleged contravention of section 340(1) of the *Fair Work Act 2009* (Cth) (the Act), which prohibits adverse action against an employee for exercising a workplace right. The Union contended that Aurora Energy took adverse action against certain employees by terminating their employment because they had exercised their right to take personal leave.

The primary legal issue before the Court was whether Aurora Energy had engaged in adverse action within the meaning of section 340(1) of the Act. Specifically, the Court had to determine if the termination of the employees' employment was taken for the proscribed reason that they had exercised their right to take personal leave, as protected by section 340(1)(c) of the Act. This required an examination of Aurora Energy's motivations and the causal connection between the employees' leave-taking and their dismissal.

Judge Burchardt found that Aurora Energy had contravened section 340(1) of the Act. The Court reasoned that the evidence demonstrated a clear causal link between the employees' exercise of their right to take personal leave and the decision to terminate their employment. Aurora Energy's stated reasons for dismissal were found to be a pretext, and the true reason was the employees' absence from work due to illness. The Court applied the principles of statutory interpretation to section 340(1), emphasising that the employer's purpose or motive is determinative in establishing a contravention.

The Court ordered that Aurora Energy had contravened section 340(1) of the *Fair Work Act 2009* (Cth) and that the Union was entitled to seek remedies for the contravention.