Automotive, Food, Metals, Engineering, Printing And Kindred Industries Union v Visy Packaging Pty Ltd [2011] FCA 1001

FEDERAL COURT OF AUSTRALIA

Automotive, Food, Metals, Engineering, Printing And Kindred Industries Union v Visy Packaging Pty Ltd [2011] FCA 1001 Citation: Automotive, Food, Metals, Engineering, Printing And Kindred Industries Union v Visy Packaging Pty Ltd [2011] FCA 1001

Parties: AUTOMOTIVE, FOOD, METALS, ENGINEERING, PRINTING AND KINDRED INDUSTRIES UNION and JONATHAN PHILIP ZWART v VISY PACKAGING PTY LTD, TONY SCOTT and ROBIN STREET

File number: VID 867 of 2011

Judge: DODDS-STREETON J

Date of judgment: 12 August 2011

Catchwords: INDUSTRIAL LAW – Application for interlocutory relief – Employer suspended employee on full pay to conduct investigation into alleged misconduct – Employee claimed investigation and suspension constituted unlawful adverse action because he exercised a workplace right under occupational health and safety legislation – Employer proffered undertakings to finalise investigation within several days and not implement any disciplinary outcome until applicants given an opportunity to file further application for interlocutory relief – Whether serious question to be tried – Whether balance of convenience favours grant of interlocutory relief

Legislation: Fair Work Act 2009 (Cth) ss 12, 340, 341, 342 Occupational Health and Safety Act 2004 (Vic) ss 25, 54

Cases cited: CPSU v Telstra Corporation Ltd (2001) 107 FCR 93 cited Jones v Queensland Tertiary Admissions Centre Ltd (2009) 190 IR 218 considered Kimpton v Minister for Education of Victoria (1996) 65 IR 317 considered Patrick Stevedores Operations No 2 Pty Ltd & Ors v MUA (1998) 195 CLR 1 cited Police Federation of Australia v Nixon (2008) 168 FCR 340 considered United Firefighters' Union of Australia v Metropolitan Fire and Emergency Services Board (2003) 198 ALR 466 considered