COMMISSIONER FOR EQUAL OPPORTUNITY and ALCOA OF AUSTRALIA LTD

The case between the Commissioner for Equal Opportunity and Alcoa of Australia Ltd involved an application for an interim injunction under the Equal Opportunity Act 1984 (WA). The Commissioner alleged that Alcoa had engaged in discriminatory practices in relation to the employment of Aboriginal workers. The court was required to determine whether the Commissioner had established a serious issue to be tried and whether the balance of convenience favoured granting an injunction. Additionally, the court had to consider whether there were adequate remedies available under section 127 of the Act and assess the application for costs by the respondent.

The court examined the evidence and arguments presented by both parties to determine whether the Commissioner had made out a case for discrimination. The court also weighed the balance of convenience, considering the potential harm to both parties if the injunction was granted or denied. Furthermore, the court considered the remedies available under section 127 of the Equal Opportunity Act 1984 (WA) and whether they were adequate to address the issues raised by the Commissioner. Finally, the court assessed the respondent's application for costs, taking into account the outcome of the case and the conduct of the parties during the proceedings.

After careful consideration of the evidence and arguments, the court concluded that the Commissioner had not established a serious issue to be tried, and the balance of convenience did not favour granting an injunction. The court found that the remedies available under section 127 of the Act were adequate to address the issues raised. As a result, the application for an interim injunction was dismissed. Additionally, the court dismissed the application for costs by the respondent.

In conclusion, the court dismissed the application for an interim injunction and denied the respondent's application for costs. The court found that the Commissioner had not established a serious issue to be tried and that the balance of convenience did not favour granting an injunction. The remedies available under section 127 of the Equal Opportunity Act 1984 (WA) were deemed adequate to address the issues raised.