Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Imberger v The University of Western Australia [2014] FCA 1456 Citation: Imberger v The University of Western Australia [2014] FCA 1456
Parties: JORG IMBERGER v THE UNIVERSITY OF WESTERN AUSTRALIA
File number: WAD 384 of 2014
Judge: GILMOUR J
Date of judgment: 22 December 2014
Catchwords: INDUSTRIAL LAW – urgent application seeking orders under s 545 of the Fair Work Act 2009 (Cth) – misconduct provisions under enterprise agreement – powers of suspension and investigation under enterprise agreement – whether there is a serious question to be tired as to the proper construction of misconduct provisions – balance of convenience in granting relief – application dismissed
Legislation: Fair Work Act 2009 (Cth) s 545
Cases cited: McAleer v University of Western Australia (2007) 159 IR 96 Parmalat Australia Pty Ltd v VIP Plastic Packaging Pty Ltd (2013) 210 FCR 1
Date of hearing: 22 December 2014
Place: Perth
Division: GENERAL DIVISION
Category: Catchwords
Number of paragraphs: 26
Counsel for the Applicant: Mr GMG McIntyre SC with Mr A Drake-Brockman Solicitor for the Applicant: DLA Piper Australia
Counsel for the Respondent: Mr IM Neil SC
Solicitor for the Respondent: Herbert Smith Freehills
IN THE FEDERAL COURT OF AUSTRALIA WESTERN AUSTRALIA DISTRICT REGISTRY GENERAL DIVISION WAD 384 of 2014
BETWEEN: JORG IMBERGER
Applicant
AND: THE UNIVERSITY OF WESTERN AUSTRALIA
Respondent
JUDGE: GILMOUR J DATE OF ORDER: 22 DECEMBER 2014 WHERE MADE: PERTH
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