CPSU, Community & Public Sector Union v Crown in right of the State of Victoria

The Community and Public Sector Union (CPSU) filed an application against the Crown in right of the State of Victoria seeking interlocutory relief in relation to the employment of three of its members. The CPSU alleged that the Crown had made threats to terminate, demote, transfer or relocate the second and third applicants, as well as threats of physical violence against them. The application was brought under the Workplace Relations Act 1996 (Cth), specifically s298K, which prohibits employers from taking adverse action against employees on certain protected industrial grounds. The matter was heard by the Australian Industrial Relations Commission.

The legal issues before the court were whether there was a serious issue to be tried, whether it was appropriate to grant an injunction, and the balance of convenience. The CPSU argued that the alleged threats by the Crown fell within the prohibited category under s298K of the Workplace Relations Act 1996 (Cth) and that an injunction was necessary to protect the applicants' rights. The Crown, on the other hand, denied making any threats and argued that the application should be dismissed.

The court found that there was a serious issue to be tried as the allegations, if proven, would constitute a breach of s298K of the Workplace Relations Act 1996 (Cth). The court also found that it was appropriate to grant an injunction to protect the applicants' rights pending the hearing and determination of the proceeding. The balance of convenience favoured the grant of the injunction as the harm to the applicants if the alleged threats were made outweighed any potential harm to the Crown. The court therefore granted the injunction as prayed for in the application.

The court made orders that certain parts of the application be adjourned until a later date and that the Crown be restrained from taking certain actions against the second applicant. The court also dismissed certain other parts of the application. The orders made by the court are set out in full in the case.