Communications Electrical Electronic Energy Plumbing and Allied Services Union of Australia v Western Australian Specialty Alloys Pty Ltd and Skilled Engineering Pty Ltd

The Communications Electrical Electronic Energy Plumbing and Allied Services Union of Australia filed an application against Western Australian Specialty Alloys Pty Ltd and Skilled Engineering Pty Ltd in the Fair Work Commission. The union sought damages for breaches of a state registered agreement, as well as a declaration that the company's right to work provisions were unlawful. The companies responded by arguing that the union's claims had no reasonable cause of action and should be struck out. They also sought costs under section 347 of the relevant legislation.

The legal issues before the Commission included whether the union's claims for contractual damages arising from a state registered agreement were valid, and whether the companies' right to work provisions were lawful. The Commission also had to consider whether the union's claims had a reasonable cause of action and whether the companies were entitled to costs under section 347.

The Fair Work Commission found that the union's claims for contractual damages arising from a state registered agreement were not valid, as the agreement did not provide for such damages. The Commission also found that the companies' right to work provisions were lawful. As the union's claims had no reasonable cause of action, the Commission struck them out and ordered the union to pay the companies' costs under section 347.

The Fair Work Commission ordered the union to pay the companies' costs of and incidental to the application, including legal costs on an indemnity basis. The union's claims were dismissed in their entirety.