Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union v Stanwell Corporation Ltd

In the case of Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union v Stanwell Corporation Ltd, the applicants, who are trade unions, brought proceedings against Stanwell Corporation Ltd, a power generation company, alleging that Stanwell had breached the terms of an enterprise workplace agreement. The dispute arose from Stanwell's decision to increase the capacity at its Tarong power station by recommissioning two additional generator units without consulting the relevant employees and unions, as required under clause 2.11 of the Tarong Power Stations Enterprise Agreement 2012. The unions sought an interlocutory injunction to prevent Stanwell from proceeding with the capacity increase until proper consultation had taken place.

The central legal issues before the court were whether Stanwell's decision constituted a 'major change' under the terms of the enterprise agreement and if so, whether Stanwell was obligated to consult with the employees and unions before implementing the change. The court had to assess if there was a serious question to be tried on the merits of the case, and whether the balance of convenience favoured granting the interlocutory injunction.

The court examined the evidence presented by both parties and concluded that while Stanwell had indeed made a final decision to reactivate the two generator units at Tarong, the applicants had not demonstrated a sufficient likelihood of success on the merits to warrant the preservation of the status quo pending the trial. The court found that there was no serious question to be tried regarding whether the decision would introduce a major change and have a significant effect on the employees at Tarong. Furthermore, the balance of convenience did not favour granting the interlocutory injunction as it would significantly inconvenience Stanwell and result in substantial financial losses.

In light of these findings, the court dismissed the application for interlocutory relief. The unions' request for an injunction to halt the capacity increase at Tarong was rejected, allowing Stanwell to proceed with its plans without being required to consult the employees and unions at that stage. The court's decision was based on the lack of a serious question to be tried and the balance of convenience favouring the respondent.