Thorson v Pine [2004] FCA 805

FEDERAL COURT OF AUSTRALIA

Thorson v Pine [2004] FCA 805

INDUSTRIAL RELATIONS – application for interlocutory injunction to restrain respondent from enforcing notice under s 86(1A)(c) of Workplace Relations Act 1996 (Cth) – whether notice valid – whether notice fails to set out particulars of documents required to be produced – whether a serious issue to be tried

Workplace Relations Act 1996 (Cth), s 86(1A)(c)

Bannerman v Mildura Fruit Juices Pty Ltd (1984) 2 FCR 581 at 584, 588-9 applied GRANT THORSON and OTHERS v LISETTE PINE, AN INSPECTOR UNDER SECTION 84 OF THE WORKPLACE RELATIONS ACT 1996 and ANOTHER V778 OF 2004 HEEREY J 21 JUNE 2004 MELBOURNE

IN THE FEDERAL COURT OF AUSTRALIA

VICTORIA DISTRICT REGISTRY V778 OF 2004

BETWEEN: GRANT THORSON and OTHERS

APPLICANTS

AND: LISETTE PINE, AN INSPECTOR UNDER SECTION 84 OF THE WORKPLACE RELATIONS ACT 1996

FIRST RESPONDENT

MULTIPLEX CONSTRUCTIONS PTY LTD

SECOND RESPONDENT

JUDGE: HEEREY J

DATE OF ORDER: 21 JUNE 2004

WHERE MADE: MELBOURNE

THE COURT ORDERS THAT:

1. until the hearing and determination of the proceeding or further order, the first respondent be restrained (whether by herself, or howsoever otherwise) from taking any steps to enforce the Notice pursuant to s 86(1A)(c) of the Workplace Relations Act 1996 (Cth) issued by the first respondent to the second respondent and dated 7 June 200, or to require the production of documents pursuant to it; 2. until the hearing and determination of the proceeding or further order the second respondent be restrained (whether by its officers, employees, agents or howsoever otherwise) from providing any documents to the first respondent that may otherwise fall within the terms of the Notice. Note: Settlement and entry of orders is dealt with in Order 36 of the Federal Court Rules.