Construction, Forestry, Mining and Energy Union v Downer EDI Engineering Power Pty Ltd

The Construction, Forestry, Mining and Energy Union sought to continue an interlocutory injunction against Downer EDI Engineering Power Pty Ltd that had been initially granted ex parte. The injunction aimed to prevent the company from summarily dismissing employees pending the hearing and determination of the substantive application. This application was made to the Federal Court of Australia, which needed to decide whether the conditions for continuing the injunctive relief were met. The primary legal issues revolved around the likelihood of the union succeeding on the merits of the case and whether the balance of convenience favoured maintaining the status quo until the substantive application was heard.

The court considered the criteria for granting interlocutory injunctive relief, including the likelihood of the applicant succeeding on the merits and the balance of convenience. It was determined that the union had not demonstrated a sufficiently strong case for success, and therefore, the likelihood of success was not compelling enough to justify preserving the status quo. Additionally, the balance of convenience did not favour continuing the injunctive relief as it could potentially cause significant hardship to the respondent company. Given these considerations, the application for the continuance of the interlocutory injunctive relief was dismissed.

The Federal Court ordered that the application for the continuance of the interlocutory injunctive relief was dismissed. The union was instructed to file its originating application forthwith, and the proceedings were adjourned to allow for directions. No order was made regarding costs. The decision underscored the importance of demonstrating a strong likelihood of success and a favourable balance of convenience when seeking to continue interlocutory injunctive relief.