Millan v Burswood Resort (Management) Ltd [1999] FCA 1697

FEDERAL COURT OF AUSTRALIA

Millan v Burswood Resort (Management) Ltd [1999] FCA 1697

EQUITY – interim injunction – whether serious question to be tried – whether offeror of Australian Workplace Agreement made false or misleading statements – whether balance of convenience favours relief INDUSTRIAL LAW - whether offeror of Australian Workplace Agreement should be injuncted from closing offers Industrial Relations Act 1979 (WA) Federal Court of Australia Act 1976 (Cth) Work Place Relations Act 1996 ss 170VV, 170V2, 170WG(2) Epitome Pty Ltd v Australian Meat Industries Employees Union No 2 (1984) 3 FCR 55 applied Bullock v. Federated Furnishing of Australasia No 1 (1985) 5 FCR 464 cited Schanka v Employment National (Administration) Pty Ltd [1999] FCA 1334 cited

DANIEL MILLAN v BURSWOOD RESORT (MANAGEMENT) LTD

W 148 of 1999

R D NICHOLSON J PERTH 26 NOVEMBER 1999

IN THE FEDERAL COURT OF AUSTRALIA

WESTERN AUSTRALIA DISTRICT REGISTRY W 148 of 1999

BETWEEN: DANIEL MILLAN

Applicant

AND: BURSWOOD RESORT (MANAGEMENT) LTD

Respondent

JUDGE: R D NICHOLSON J

DATE OF ORDER: 26 NOVEMBER 1999

WHERE MADE: PERTH

THE COURT ORDERS THAT: 1. The application for an interim injunction be dismissed. 2. Costs be reserved. Note: Settlement and entry of orders is dealt with in Order 36 of the Federal Court Rules.

IN THE FEDERAL COURT OF AUSTRALIA

WESTERN AUSTRALIA DISTRICT REGISTRY W 148 of 1999

BETWEEN: DANIEL MILLAN

Applicant

AND: BURSWOOD RESORT (MANAGEMENT) LTD

Respondent

JUDGE: R D NICHOLSON J

DATE: 26 NOVEMBER 1999

PLACE: PERTH

REASONS FOR JUDGMENT 1 This is an application for interlocutory relief. The proposed orders seek to restrain the respondent from closing certain offers to employees that an employee entering into an Australian workplace agreement ("AWA") will receive back pay to 16 August 1999 and, further, from restraining the respondent from closing the offer to employees to make the AWA. 2 The interlocutory relief is sought in the context of an application which contains a claim by the applicant for declarations, injunctions and the imposition of a penalty on the respondent pursuant to ss 170VV and 170VZ of the Workplace Relations Act 1996 ("the Act"). The foundation of the relief sought is a claim that the respondent had contravened s 170WG(2) of the Act by knowingly making a false or misleading statement to the members of the employee group with the intention of persuading those persons to make an AWA. 3 Section 170VZ reads: "An eligible court may grant an injunction requiring a person not to contravene, or to cease contravening, this Part". That is a reference to Part 6D of the Act. Section 170WG provides in subs (2): "A person must not knowingly make a false or misleading statement to another person with the intention of persuading the other person to make, or not to make, an AWA or ancillary document".