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

[2018] FCA 1879

FEDERAL COURT OF AUSTRALIA

Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia v Electrix Pty Ltd [2018] FCA 1879

File number:	QUD 805 of 2018
Judge:	RANGIAH J
Date of judgment:	16 November 2018
Catchwords:	INDUSTRIAL LAW – application for interlocutory injunction requiring respondent to reinstate applicant in employment – where applicant’s employment was terminated on a summary basis – where applicant alleges respondent took adverse action because a workplace right was exercised – where respondent alleges that applicant breached Code of Conduct – application allowed
Legislation:	Fair Work Act2009 (Cth) ss 340(1), 341(1), s 342(1), and 361(1)
Cases cited:	Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia v Blue Star Pacific Pty Ltd (2009) 184 IR 333
Date of hearing:	16 November 2018
Registry:	Queensland
Division:	Fair Work Division
National Practice Area:	Employment & Industrial Relations
Category:	Catchwords
Number of paragraphs:	35
Counsel for the Applicant:	Mr WL Friend QC
Solicitor for the Applicant:	Hall Payne Lawyers
Counsel for the Respondent:	Mr A Duffy QC
Solicitor for the Respondent:	Colin Biggers & Paisley

ORDERS

QUD 805 of 2018

BETWEEN:

COMMUNICATIONS, ELECTRICAL, ELECTRONIC, ENERGY, INFORMATION, POSTAL, PLUMBING AND ALLIED SERVICES UNION OF AUSTRALIA

Applicant

AND:

ELECTRIX PTY LTD

Respondent

JUDGE:	RANGIAH J
DATE OF ORDER:	16 NOVEMBER 2018

Upon the applicant giving the usual undertaking as to damages

THE COURT ORDERS THAT:

1.Until the hearing and determination of this proceeding, or further order, the respondent reinstate Richard Bowling in the employment he had before 5 November 2018, with continuity of service being maintained for all purposes.

2.The applicant file and serve its statement of claim by 4pm on 30 November 2018.

3.The respondent file and serve its defence by 4pm on 7 December 2018.

4.The applicant file and serve any reply by 4pm on 14 December 2018.

5.The proceeding be listed for a case management hearing on a date to be fixed.

6.Costs are reserved.

7.The parties have liberty to apply on 3 days’ notice.

Note:   Entry of orders is dealt with in Rule 39.32 of the Federal Court Rules 2011.

REASONS FOR JUDGMENT
(DELIVERED EX TEMPORE AND REVISED)

RANGIAH J:

1. This is an application for an interlocutory injunction requiring the respondent to reinstate Richard Bowling to his employment until the determination of the principal proceeding or further order. 

2. Mr Bowling’s employment was terminated by the respondent, Electrix Pty Ltd (Electrix), on a summary basis on 5 November 2018.  He had been employed as an asset inspector.  His employment involved inspecting electricity assets over a large area between at least Rockhampton and Mackay in Queensland.

3. Mr Bowling commenced his employment on 23 October 2017.  He became a delegate of the applicant union (the Union) on 13 August 2018.  In that capacity, he has been involved in several industrial disputes between the Union and Electrix.  These were bargaining for an enterprise agreement, a dispute about penalty rates for work on Sundays and a dispute about…