National Tertiary Industry Union v University of Technology Sydney

The National Tertiary Industry Union (the Union) brought proceedings against the University of Technology Sydney (UTS) alleging contraventions of the *Fair Work Act 2009* (Cth). The Union sought an interlocutory injunction to restrain UTS from taking certain actions, which it contended constituted adverse action against its members because they had engaged in industrial action and exercised their workplace rights.

The primary legal issues before the Court were whether the Union had established a prima facie case that UTS had engaged in adverse action contrary to the *Fair Work Act 2009* (Cth), and whether the balance of convenience favoured the grant of an interlocutory injunction. Specifically, the Court had to consider whether the Union demonstrated a sufficient likelihood of success on the merits of its claim that UTS's conduct was motivated by the industrial action and the exercise of workplace rights by its members.

In determining these issues, the Court applied the principles governing the grant of interlocutory injunctions. This involved assessing the strength of the Union's case, the potential for irreparable harm to its members if the injunction were not granted, and the potential prejudice to UTS if the injunction were granted but the Union ultimately failed. The Court considered the evidence presented by both parties regarding UTS's actions and the Union's asserted reasons for those actions.

The Court ultimately granted the interlocutory injunction sought by the Union, finding that it had established a sufficient prima facie case and that the balance of convenience favoured the grant of the injunction. The Court ordered that UTS be restrained from taking the specified actions pending the final determination of the proceedings.