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UGL Rail Services Pty Ltd v Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia [2024] FCA 860

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INDUSTRIAL LAW - interlocutory application for orders restraining further steps in private arbitration before Fair Work Commission - principles explained by High Court in Australian Broadcasting Corporation v O'Neill [2006] HCA 46; (2006) 227 CLR 57 - submission that relief sought constituted anti-suit injunction - issues in contention between parties potentially enlivened civil remedy claims under Fair Work Act 2009 (Cth) - substantive relief sought concerned entitlements under enterprise agreement - workplaces on relevant days barred with chains and padlocks - whether workers "attended" for work - whether "industrial action" under s 19(1)(c) Fair Work Act - whether serious question to be tried - whether damages adequate remedy - balance of convenience and interests of justice

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