Health Services Union of Australia Victoria No. 1 Branch v Specialist Diagnostic Services Pty Ltd trading as Dorevitch Pathology

In the Federal Court of Australia, the Health Services Union of Australia Victoria No. 1 Branch brought an application against Specialist Diagnostic Services Pty Ltd trading as Dorevitch Pathology, seeking an urgent interlocutory injunction to prevent Dorevitch Pathology from allegedly contravening the Fair Work Act 2009 (Cth). The Union alleged that Dorevitch Pathology knowingly or recklessly made a false or misleading representation concerning a workplace right. The Union contended that the balance of convenience favoured the grant of an interlocutory injunction.

The court considered whether the Union had established a prima facie case and whether the balance of convenience favoured the grant of the injunction. The court examined the evidence provided by the Union and found that it was insufficient to establish a prima facie case of a contravention of the Fair Work Act. The Union had failed to provide sufficient evidence to demonstrate that Dorevitch Pathology knowingly or recklessly made a false or misleading representation about a workplace right. Additionally, the court found that the balance of convenience did not favour the grant of the injunction, as Dorevitch Pathology would suffer significant prejudice if the injunction were granted.

Accordingly, the court dismissed the Union’s application for interlocutory relief. The Union's application for an interlocutory injunction was dismissed, and no orders were made in relation to the relief sought. The dismissal of the application means that Dorevitch Pathology is not restrained from engaging in the conduct that the Union had sought to prevent through the interlocutory injunction.