Murray v The Peninsula School [2015] FCA 447

FEDERAL COURT OF AUSTRALIA

Murray v The Peninsula School [2015] FCA 447 Citation: Murray v The Peninsula School [2015] FCA 447

Parties: WAYNE MURRAY v THE PENINSULA SCHOOL and STUART JOHNSTON

File number: VID 242 of 2015

Judge: MURPHY J

Date of judgment: 12 May 2015

Catchwords: INDUSTRIAL LAW – injunctions – interlocutory injunctions – interim injunctions – preserving the subject matter of the litigation

Legislation: Fair Work Act 2009 (Cth) Occupational Health and Safety Act 2004 (Vic)

Cases cited: Australian Broadcasting Corporation v O'Neill (2006) 227 CLR 57 Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union v Visy Packaging Pty Ltd (No 3) [2013] FCA 525 Jones v Queensland Tertiary Admissions Centre Ltd (2009) 190 IR 218

Date of hearing: 8 May 2015

Place: Melbourne

Division: FAIR WORK DIVISION

Category: Catchwords

Number of paragraphs: 21

Counsel for the Applicant: Mr N Harrington

Solicitor for the Applicant: Maurice Blackburn

Counsel for the Respondents: The Respondents did not appear

IN THE FEDERAL COURT OF AUSTRALIA VICTORIA DISTRICT REGISTRY FAIR WORK DIVISION VID 242 of 2015

BETWEEN: WAYNE MURRAY

Applicant

AND: THE PENINSULA SCHOOL

First Respondent

STUART JOHNSTON

Second Respondent

JUDGE: MURPHY J DATE OF ORDER: 8 MAY 2015 WHERE MADE: MELBOURNE

UPON THE UNDERTAKING of the Independent Education Union by its counsel: (a) to submit to such order (if any) as the Court may consider to be just for the payment of compensation, to be assessed by the Court or as it may direct, to any person, whether or not a party, adversely affected by the operation of the interlocutory order or undertaking or any continuation (with or without variation) thereof; and (b) to pay the compensation referred to in (a) to the person there referred to. THE COURT ORDERS THAT: 1. Until further order of the Court, the First Respondent be restrained, by itself, its servants or agents, from dismissing the Applicant from his employment with the First Respondent. 2. Until further order of the Court, the First Respondent be restrained, by itself, its servants or agents, from subjecting the Applicant to the disciplinary process outlined in the First Respondent's letters dated 6 and 7 May 2015. AND THE COURT NOTES: The solicitors for the Applicant are directed to urgently serve this order upon the Respondents, and to confer with the solicitors for the Respondents in an endeavour to agree as to the return date for hearing of the Applicant's claim for interlocutory relief. Note: Entry of orders is dealt with in Rule 39.32 of the Federal Court Rules 2011.