Communications, Electrical, Electronic Etc Union of Aus, Ex parte- Re Laing

The Communications, Electrical, Electronic Etc Union of Australia (the Union) sought an order from Toohey J, sitting in chambers, to restrain Laing Engineering Pty Ltd (Laing) from proceeding with a proposed industrial action. The Union alleged that Laing had breached the terms of an award by failing to consult with the Union before implementing changes to its operational procedures, which would have a significant impact on its employees.

The central legal issue before the Court was whether Laing's proposed actions constituted a breach of the award, specifically concerning the obligation to consult with the Union regarding changes to operational procedures. The Court was required to interpret the relevant clauses of the award to determine the scope of Laing's consultation obligations and whether the proposed changes triggered those obligations.

Toohey J considered the wording of the award and the nature of the proposed changes. His Honour found that the award imposed a positive obligation on Laing to consult with the Union before implementing changes that would have a significant impact on employees. The proposed changes, which involved alterations to work practices and potential redundancies, were deemed to fall within the scope of this obligation. Consequently, Laing's failure to consult was found to be a breach of the award. The Court made orders restraining Laing from implementing the proposed changes until such time as it had properly consulted with the Union in accordance with the award.