FEDERAL COURT OF AUSTRALIA
Jones v Queensland Tertiary Admissions Centre Ltd [2009] FCA 1382
INDUSTRIAL LAW – interlocutory injunction – complaints against applicant CEO by employees and union – application to prevent respondent employer from taking action on basis of allegations and subsequent investigation until applicant’s substantive application is heard – applicant represented employer in Enterprise Agreement negotiations – whether breach by employer of s 340 Fair Work Act 2009 (Cth) – whether breach of terms of applicant’s employment contract – whether serious questions to be tried – whether balance of convenience favours grant of interlocutory injunction – potential harm to employees – whether damages an adequate remedy
Held: interlocutory injunction granted
Fair Work Act 2009 (Cth) ss 176, 178, 340, 341, 342(1), 342(2), 360, 361, 539, 545, 546, 564
Federal Court of Australia Act 1976 (Cth) ss 19, 22
Workplace Health and Safety Act 1995 (Qld)Australian Broadcasting Corporation v O’Neill (2006) 227 CLR 57 followed
Beecham Group Ltd v Bristol Laboratories Pty Ltd (1968) 118 CLR 618 cited
BP Refinery (Westernport) Pty Ltd v Shire of Hastings (1977) 180 CLR 266 followed
Byrne v Australian Airlines Ltd (1995) 185 CLR 410 cited
Kimpton v Minister for Education (1996) 65 IR 317 cited
Kolback Securities Ltd v Epoch Mining NL (1987) 8 NSWLR 533 cited
Malloch v Aberdeen Corporation [1971] 1 WLR 1578 cited
Paras v Public Service Body Head of the Department of Infrastructure [2006] FCA 622 cited
Police Federation of Australia v Nixon (2008) 168 FCR 340 cited
United Firefighters Union of Australia v Metropolitan Fire and Emergency Services Board (2003) 198 ALR 466 citedELIZABETH LOUISE JONES v QUEENSLAND TERTIARY ADMISSIONS CENTRE LTD (ACN 050 542 633)
QUD 274 of 2009
COLLIER J
25 NOVEMBER 2009
BRISBANE
IN THE FEDERAL COURT OF AUSTRALIA
QUEENSLAND DISTRICT REGISTRY
FAIR WORK DIVISION
QUD 274 of 2009
BETWEEN: ELIZABETH LOUISE JONES
Applicant
AND: QUEENSLAND TERTIARY ADMISSIONS CENTRE LTD (ACN 050 542 633)
Respondent
JUDGE:
COLLIER J
DATE OF ORDER:
25 NOVEMBER 2009
WHERE MADE:
BRISBANE
THE COURT ORDERS THAT:
1.The respondent be restrained until the hearing of the application or further order from taking any action against the applicant in reliance upon:
(a)any allegations against the applicant made by the Australian Services Union in its letter to the respondent dated 7 August 2009; and/or
(b)the complaint made against the applicant by Nicola Bowes dated 7 August 2009; and/or
(c)the anonymous compliant made against the applicant dated 11 August 2009; and/or
(d)the anonymous complaint made against the applicant dated 12 August 2009; and/or
(e)the complaint made against the applicant by Danelle Bayley dated 13 August 2009 and/or
(f)any allegations against the applicant made by the Australian Services Union in its letter to the respondent dated 14 August 2009; and/or
(g)the Carol Watson Report on Grievances against CEO, QTAC dated 28 September 2009 and/or
(h)Walter Williams’ diary notes forwarded to the applicant by Professor Deborah Terry on about 30 October 2009.
2.The respondent be restrained until the hearing of the application or…
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- Case
- [2009] FCA 1382
- Decision Date
CaseChat Overview and Summary
The legal issues for the court to decide were whether there was a serious question to be tried regarding Ms Jones' entitlement to relief, whether she was likely to suffer injury for which damages would not be an adequate remedy, and whether the balance of convenience favoured the granting of an interlocutory injunction. These issues were to be assessed based on the principles set out in Australian Broadcasting Corporation v O’Neill, which require the plaintiff to demonstrate the likelihood of success, the potential for irreparable harm, and the balance of convenience.
The court considered the specific relief sought by Ms Jones, which included an injunction to prevent QTAC from taking adverse action against her based on various complaints and reports, as well as compensation, a pecuniary penalty, and declarations regarding her entitlement to natural justice and breach of contract. The court also examined the background of the application, including the allegations against Ms Jones and the reasons for her claim.
The court ultimately decided that Ms Jones had satisfied the criteria for interlocutory relief. It found that there was a serious question to be tried regarding her entitlement to relief, that she was likely to suffer irreparable harm if the injunction was not granted, and that the balance of convenience favoured the granting of the injunction. As a result, the court granted the relief sought, restraining QTAC from taking any adverse action against Ms Jones until the hearing of the application and from terminating her employment. Costs were reserved for further consideration.
Orders
Orders of the court
1. The respondent be restrained until the hearing of the application or further order from taking any action against the applicant in reliance upon:
(a) any allegations against the applicant made by the Australian Services Union in its letter to the respondent dated 7 August 2009; and/or
(b) the complaint made against the applicant by Nicola Bowes dated 7 August 2009; and/or
(c) the anonymous compliant made against the applicant dated 11 August 2009; and/or
(d) the anonymous complaint made against the applicant dated 12 August 2009; and/or
(e) the complaint made against the applicant by Danelle Bayley dated 13 August 2009 and/or
(f) any allegations against the applicant made by the Australian Services Union in its letter to the respondent dated 14 August 2009; and/or
(g) the Carol Watson Report on Grievances against CEO, QTAC dated 28 September 2009 and/or
(h) Walter Williams’ diary notes forwarded to the applicant by Professor Deborah Terry on about 30 October 2009.
2. The respondent be restrained until the hearing of the application or further order from terminating the applicant’s employment.
3. Costs be reserved.
Note:
Background
Background to the litigation
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Evidence
Evidence Before The Court
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Decision
Reasons for decision
Ratio Decidendi
Legal Principle Established
Established by: COLLIER J
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