UGL Rail Services Pty Ltd v Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia

The case before the Federal Court involves UGL Rail Services Pty Ltd as the applicant and the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia (CEPU) as the respondent. The dispute concerns an application for interlocutory relief to prevent the respondent from pursuing claims for wages in an ongoing arbitration before the Fair Work Commission. The arbitration stems from an enterprise agreement between UGL and CEPU, specifically addressing wage entitlements for days when worksites were inaccessible due to third-party actions. The applicant seeks to prohibit the respondent from proceeding with the arbitration, claiming that the workers did not attend for work as they were prevented from entering the worksites.

The court was tasked with deciding whether the applicant’s application, which might be considered an anti-suit injunction, was justified. This involved assessing whether the applicant had shown a serious question to be tried, whether damages would be an adequate remedy, and whether the balance of convenience favoured granting the injunction. The respondent argued that the workers did attend for work but were physically prevented from entering the worksites, and that the arbitration should proceed before the Fair Work Commission. The court examined the principles established in Australian Broadcasting Corporation v O’Neill, which emphasise the need for a prima facie case, an adequate remedy, and a balance of convenience in favour of granting the injunction.

The court found that the interests of justice favoured granting the interlocutory relief. The applicant demonstrated a serious question to be tried concerning the entitlement to wages, and the balance of convenience weighed in favour of preventing the arbitration. The court also noted that the applicant had requested costs be reserved, and although it is unusual for costs to be awarded in this jurisdiction, the court made an order to reserve costs. The matter was then remitted to the National Operations Registry for urgent allocation to a docket Judge, with liberty to apply for further orders.