Stellar Call Centres Pty Ltd v CPSU, Community and Public Sector Union

Stellar Call Centres Pty Ltd brought an action against the Community and Public Sector Union (CPSU) in the Federal Circuit Court of Australia. The dispute revolved around the legality of a protected industrial action taken by the CPSU, which involved picketing at Stellar’s premises. Stellar sought an injunction to prevent the union from continuing with this action, arguing that it was unlawful and caused significant financial harm to the company. The CPSU defended the action, asserting that it was a lawful form of protest and protected under the Fair Work Act 2009.

The court was tasked with determining whether the picketing by the CPSU constituted unlawful industrial action and, if so, whether it warranted an injunction. The primary legal issues centred on the interpretation of the Fair Work Act and the specific provisions that govern protected industrial action. The court needed to examine whether the picketing met the criteria for protected action and if any exceptions applied that would render the action unlawful. Additionally, the court had to assess the potential harm to Stellar and balance this against the union's right to engage in lawful protest.

The Federal Circuit Court found that the picketing by the CPSU was indeed a protected industrial action under the Fair Work Act. The court concluded that the union's actions were within the bounds of lawful protest, and therefore, the injunction sought by Stellar was not justified. The court emphasised that the Act protects the right of employees to take industrial action, provided it adheres to the specified conditions. The financial harm to Stellar, while significant, did not outweigh the union's right to engage in lawful protest. Consequently, the motion for an injunction was dismissed.