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

The matter before the court was an application by the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia (the Union) for an interlocutory injunction against Electrix Pty Ltd (the Company). The Union sought an order that the Company reinstate Richard Bowling, who was an employee of the Company, in his previous employment. The Company had terminated Mr Bowling’s employment on a summary basis. The Union alleged that the Company’s action was adverse and taken because Mr Bowling exercised a workplace right. The Company, in turn, claimed that Mr Bowling breached its Code of Conduct.

The court was required to decide whether the Union had established a prima facie case for an interlocutory injunction. The Union needed to show that there was a serious question to be tried, that the balance of convenience favoured an interim order, and that there was no other appropriate remedy available. The Company argued that reinstatement would cause it irreparable harm and that the Union had not established a serious question to be tried.

The court found that the Union had made out a prima facie case for an interlocutory injunction. The Union had demonstrated that there was a serious question to be tried regarding the Company’s alleged adverse action against Mr Bowling. The court also found that the balance of convenience favoured granting the injunction, as the Union would suffer significant prejudice if the injunction was not granted. The court further found that there was no other appropriate remedy available to the Union. As a result, the court allowed the Union’s application for an interlocutory injunction.

The court ordered that until the hearing and determination of the proceeding, or further order, the Company must reinstate Mr Bowling in his previous employment, with continuity of service being maintained for all purposes. The court also ordered that the Union file and serve its statement of claim by 4pm on 30 November 2018, the Company file and serve its defence by 4pm on 7 December 2018, and the Union file and serve any reply by 4pm on 14 December 2018. The court listed the proceeding for a case management hearing on a date to be fixed. The court reserved costs and granted the parties liberty to apply on 3 days’ notice.