He also told the court that Collins was stood down after five reports about his conduct were made against him by union staff.

Harding said he accepted there were limitations in the original orders, given the directive did not stop people from being sacked as part of a cost-cutting drive.

“What has motivated this application is essentially a worsening of the position of the branch since October 7, which has motivated my client to move the court for further orders that we say are necessary to hold the branch in aspic until such a time as the court can determine final orders,” he said.

Harding said there was evidence that showed the redundancies and standing down of staff while not being immediately directed by Asmar were done at her behest as part of retaliation against members, particularly after she had issued a warning at a delegates conference on October 23.

“We do say on the evidence [the job cuts] are a mirage,” Harding said, pointing to the fact the union had immediately hired two organisers at a cost that was similar to the amount paid to the five call centre workers.

Justice Craig Dowling did question whether this was the only reason the staff were stood down.

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“There is some evidence that it wasn’t particularly efficient to have the five, and they were underemployed,” Dowling said.

Harding accepted that could be the case. He also agreed the orders might limit the HWU from making further job cuts for financial reasons, as claimed by the Victorian branch.

“Well that might be the price of preservation,” Harding said.

Rishi Nathwani, SC, acting for Diana Asmar, told the court the decision to reduce the call centre staff number was made at the recommendation of another senior staff member in September.

He said Asmar was open to providing an undertaking to the court regarding her activities at the union.

Asmar has been accused by the Fair Work Commission of stitching up a multimillion-dollar “ghost printing” arrangement, alongside her husband.

The commission’s investigation into the Asmars – revealed in The Age – alleges a printing business received $2.7 million in HWU member funds for no service, with the money instead going into private accounts, and that more than $120,000 in reimbursements was claimed without evidence of relevant business expenses.

Justice Dowling is yet to make a decision.