Jupiters Limited v United Voice

The application for a bargaining order was brought by Jupiters Limited against United Voice, a union representing employees in the hospitality industry. Jupiters alleged that the union disseminated misleading information about the employer's wages offer, which led to industrial action. The court was required to determine whether the union had engaged in conduct that undermined collective bargaining and whether it was misleading in its communications with its members.

The court considered the obligations of bargaining representatives and the nature of the relationship between the union and its members. It found that the union was not required to act in a fiduciary capacity towards its members but had an obligation to act in good faith and avoid misleading conduct. The court examined the union's conduct in highlighting the lowest offer in the range made by the employer and found that it did not amount to misleading conduct. The union was entitled to highlight the lowest offer in the range as it was a legitimate part of the bargaining process. The court concluded that the union had not engaged in unfair conduct that undermined collective bargaining.

Jupiters' application for a bargaining order was dismissed. The court found that the union had not engaged in misleading conduct and had acted in good faith throughout the bargaining process. The court emphasised the importance of the freedom of speech and expression in the collective bargaining process and rejected the employer's argument that the union's conduct was misleading. The court found that the union's conduct did not amount to unfair conduct that undermined collective bargaining.