Doyle v Australian Postal Corp [1999] FCA 1364

FEDERAL COURT OF AUSTRALIA

Doyle v Australian Postal Corporation [1999] FCA 1364

INDUSTRIAL LAW – Interlocutory relief – applicant sought to restrain respondent giving effect to decision to transfer – serious issue to be tried – whether decision to transfer divorced from applicant's status as a person who proposed to become a union delegate – balance of convenience. Workplace Relations Act 1996 (Cth) s298K, s298T, 298U(e) Bullock v The Federated Furnishing Trades Society of A/asia (1985) 5 FCR 464, applied

JOAN DOYLE v AUSTRALIAN POSTAL CORPORATION V 452 OF 1999

MARSHALL J MELBOURNE 31 AUGUST 1999

IN THE FEDERAL COURT OF AUSTRALIA

VICTORIA DISTRICT REGISTRY V 452 OF 1999

BETWEEN: JOAN DOYLE

Applicant

AND: AUSTRALIAN POSTAL CORPORATION

Respondent

JUDGE: MARSHALL J

DATE OF ORDER: 31 AUGUST 1999

WHERE MADE: MELBOURNE

THE COURT ORDERS THAT:

1. The application for interlocutory relief be dismissed.

2. The directions hearing be adjourned to 10.15 am on 6 September 1999.

Note: Settlement and entry of orders is dealt with in Order 36 of the Federal Court Rules.

IN THE FEDERAL COURT OF AUSTRALIA

VICTORIA DISTRICT REGISTRY V 452 OF 1999

BETWEEN: JOAN DOYLE

Applicant

AND: AUSTRALIAN POSTAL CORPORATION

Respondent

JUDGE: MARSHALL J

DATE: 31 AUGUST 1999

PLACE: MELBOURNE

REASONS FOR INTERLOCUTORY JUDGMENT 1 On 6 August 1999 the applicant, Joan Doyle, made application pursuant to s298T of the Workplace Relations Act 1996 (Cth) ("the Act") in which she sought the imposition of a penalty upon the respondent, Australian Postal Corporation ("Australia Post") for breach of s298K of the Act. The application also sought orders under s298U(e) of the Act restraining Australian Postal Corporation ("Australia Post") from giving effect to certain matters regarding Ms Doyle's employment. 2 The application sought interlocutory relief against Australia Post from giving effect to its decision to transfer Ms Doyle to the Brighton Delivery Centre. The application for interlocutory relief was made returnable on 12 August 1999. On that day that application and the directions hearing was adjourned to 26 August 1999. On 26 and 27 August 1999 evidence was given regarding the claim for interlocutory relief and submissions made on the issue of balance of convenience. Written submissions were received on 31 August 1999 on the question of serious issue to be tried. 3 By the time the application for interlocutory relief was heard Australia Post had determined to transfer Ms Doyle to its South Melbourne Delivery Centre. The application for interlocutory relief was amended to seek to restrain Australia Post from giving effect to that later decision.