QNurses First Inc v Monash Health

QNurses First Inc and Monash Health were parties in a legal dispute which was heard in the Fair Work Commission. The crux of the case involved the mandatory COVID-19 vaccination requirements for healthcare workers imposed by Monash Health, in compliance with public health directions issued by the Chief Health Officer under the Public Health and Wellbeing Act 2008 (Vic). The applicants, QNurses First Inc, sought interlocutory injunctive relief to prevent Monash Health from enforcing these vaccination mandates on its employees, including nurses. They argued that the mandates infringed upon their rights and those of their members under the Fair Work Act 2009 (Cth).

The court had to determine whether the balance of convenience favoured granting interlocutory injunctive relief to the applicants. It considered the potential prejudice to the applicants if the mandates were enforced without the relief being granted, versus the prejudice to Monash Health and its employees if the mandates were temporarily halted. The court found that the applicants' case under the Fair Work Act was weak, and the potential prejudice to them could be adequately addressed by an award of damages if their case ultimately succeeded. Therefore, the court did not accept that the balance of convenience warranted the granting of the relief sought.

As a result, the application for interlocutory injunctive relief was dismissed. The court noted that the question of costs would be reserved for consideration at a later stage, in accordance with the preferences of the parties.