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National Union of Workers v AB Oxford Cold Storage Company Pty Ltd [2017] FCA 1220

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PRACTICE AND PROCEDURE - interim injunctions - where the applicant union alleges that the respondent companies engaged in a system of labour hire having the effect of denying employees the opportunity to bargain for an EBA - where employees' current employer, the second respondent, proposed to cease operating on 15 May 2017 - whether serious question to be tried - circumstances give rise to a serious question under s 340(1) of the Fair Work Act 2009 (Cth) whether first and second respondents have taken or propose to take adverse action motivated by a prohibited reason - whether balance of convenience favours grant of relief - interim orders made subject to applicant's usual undertaking as to damages

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