Teys Australia Beenleigh Pty Ltd v Australasian Meat Industry Employees Union [2015] FCA 1033

FEDERAL COURT OF AUSTRALIA

Teys Australia Beenleigh Pty Ltd v Australasian Meat Industry Employees Union [2015] FCA 1033 Citation: Teys Australia Beenleigh Pty Ltd v Australasian Meat Industry Employees Union [2015] FCA 1033

Parties: TEYS AUSTRALIA BEENLEIGH PTY LTD v AUSTRALASIAN MEAT INDUSTRY EMPLOYEES UNION and FAIR WORK COMMISSION

File number: QUD 847 of 2015

Judge: BROMBERG J

Date of judgment: 16 September 2015

Catchwords: INDUSTRIAL LAW – application for an interlocutory injunction in the nature of an anti-suit injunction – respondent made application to Fair Work Commission to arbitrate, pursuant to dispute resolution clause of enterprise agreement ("Commission proceeding") – applicant commenced proceeding in Federal Court in connection with same subject matter ("Court proceeding") – applicant sought interlocutory relief preventing FWC taking steps, or requiring applicant to take steps, in Commission proceeding, pending resolution of Court proceeding – whether Court has jurisdiction to grant final relief sought by applicant – whether Court empowered to give interlocutory relief sought by applicant – test to be applied in determining whether interlocutory relief ought to be given – nature of arbitration by FWC under Fair Work Act 2009 (Cth) – factors to be considered in application of test – Court has jurisdiction to grant final relief – Court empowered to give interlocutory relief sought – test to be applied is that an injunction will only issue where the interests of justice so require – factors to consider include nature of relevant fora, complexity of issue, general importance or otherwise of issue, potential for inconsistent answers, potential for delay – in the interests of justice that Court proceeding be determined before Commission proceeding, but injunction not issued in exercise of discretion