EnergyAustralia Yallourn Pty Ltd v Construction, Forestry, Mining and Energy Union
Citation: [2013] FCA 360
What happened
EnergyAustralia and the Construction, Forestry, Mining and Energy Union were engaged in enterprise bargaining for a new agreement to replace an existing workplace agreement at Yallourn Power Station. A protected action ballot was conducted in February 2013, with over 83% turnout and 92-96% approval for various forms of industrial action. The union gave notice of intention to take multiple forms of industrial action. The 30-day period for commencing such action expired on 15 March 2013. On 18 March 2013, the union applied to extend this period by up to 30 days.
What was decided
EnergyAustralia sought a stay of the Fair Work Commission's decision to extend the period and an injunction to prevent the threatened industrial action. The court refused both the stay and the injunction. The court found that the Commission had jurisdiction to extend the period after it had expired, and that on the balance of convenience, the interlocutory relief should not be granted.
What it means for employers
Employers cannot easily obtain injunctive relief to prevent authorized industrial action even where significant commercial losses are anticipated. Courts focus on whether there is a serious question to be tried and the balance of convenience.
What it means for employees
Industrial action authorized by ballot can proceed within the protected period, and delays in commencing action do not necessarily defeat the authorization.
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https://www.judgments.fedcourt.gov.au/judgments/Judgments/fca/single/2013/2013fca0360Want more cases like this?
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This summary was drafted from the published decision and reviewed before publishing. It is general information, not legal advice. For your specific situation, speak to the Fair Work Ombudsman (13 13 94) or a qualified lawyer. About these summaries & corrections →