Woodside Energy Limited v Australian Workers Union

Woodside Energy Limited sought to prevent the Australian Workers Union from proceeding with an application to the Fair Work Commission, which sought a majority support determination for collective bargaining. The application was heard in the Federal Court of Australia. The central legal issue before the court was whether the applicant had satisfied the appropriate test to justify the grant of an interlocutory injunction to stay the proceedings before the Fair Work Commission. Woodside argued that the test established by the High Court in Australian Broadcasting Corporation v O’Neill should apply, requiring the applicant to demonstrate both a prima facie case and that the balance of convenience favoured the injunction. However, the court held that this test was inapplicable, as Woodside’s application was effectively a request for a stay of proceedings before the Commission. The court noted that, according to established authority, the Federal Court will only grant such a stay where exceptional circumstances exist, as the court’s supervisory jurisdiction is involved. The court found that Woodside had not demonstrated the requisite exceptional circumstances, and therefore dismissed the application for an interlocutory injunction.

The court's reasoning was grounded in the understanding that the application for an interlocutory injunction was, in essence, a request for a stay of proceedings before an administrative tribunal. The court referenced previous cases which established that the Federal Court will only grant a stay in such circumstances when exceptional circumstances are shown. In this case, Woodside had not provided sufficient evidence or arguments to establish the presence of such circumstances. Consequently, the court declined to grant the injunction, allowing the Fair Work Commission to proceed with the majority support determination application. The final order was that the applicant’s interlocutory application to restrain the second respondent from further hearing or otherwise dealing with proceeding B2022/530 be dismissed.