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

The case of Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia v Blue Star Pacific Pty Ltd involved a dispute between the union and the respondent company regarding the dismissal of two employees, Craig Brown and David Coombs, from their positions on 19 June 2009. The union sought urgent reinstatement of the employees in their former positions pending the hearing and final determination of the matter. The application was heard in the Federal Court of Australia, presided over by Justice Gilmour.

The legal issues that the court had to decide centered on whether the dismissal of the employees was wrongful or unlawful and, if so, whether they should be reinstated pending the final determination of the dispute. The union argued that the dismissals were unfair and that the employees were entitled to be reinstated immediately, while the respondent company contested the grounds for the dismissal and argued against the reinstatement.

Justice Gilmour found that there were substantial grounds for the union's claim that the dismissals were unfair, and that there was a serious question to be tried regarding the lawfulness of the termination. The court concluded that the applicants had demonstrated a strong prima facie case for unfair dismissal and that it was in the interests of justice to order the immediate reinstatement of the employees to their former positions. This was to ensure that the applicants were not prejudiced pending the outcome of the proceedings. The court thus ordered the reinstatement of Craig Brown and David Coombs until the hearing and final determination of the matter or any earlier order.

The final orders included the immediate reinstatement of the employees, liberty for the parties to apply on two days notice, listing of the proceeding for trial and directions, and reserving of the costs of the motion filed by the applicants.