Federal Court of Australia
FEDERAL COURT OF AUSTRALIA Health Services Union of Australia Victoria No. 1 Branch v Specialist Diagnostic Services Pty Ltd trading as Dorevitch Pathology [2017] FCA 1200 File number: VID 1068 of 2017
Judge: O'CALLAGHAN J
Date of judgment: 5 October 2017
Date of publication of reasons: 6 October 2017
Catchwords: PRACTICE AND PROCEDURE – application for urgent interlocutory injunction to restrain alleged contravention of Fair Work Act 2009 (Cth) – where applicants allege respondent knowingly or recklessly made a false or misleading representation about a workplace right – whether prima facie case – whether balance of convenience favours grant of injunction
Legislation: Fair Work Act 2009 (Cth), ss 173, 174(1A), 181, 186, 266, 345, 424
Cases cited: Peabody Moorvale Pty Ltd v Construction, Forestry, Mining and Energy Union [2014] FWCFB 2042; 242 IR 210 Shop, Distributive and Allied Employees Association v ALDI Foods Pty Ltd [2016] FCAFC 161
Date of hearing: 5 October 2017
Registry: Victoria
Division: Fair Work
National Practice Area: Employment and Industrial Relations
Category: Catchwords
Number of paragraphs: 27
Counsel for the Applicants: Ms S Kelly
Solicitor for the First Applicant: Holding Redlich
Solicitor for the Second Applicant: Ryan Carlisle Thomas
Counsel for the Respondent: Mr J Forbes
Solicitor for the Respondent: Sparke Helmore Lawyers
ORDERS VID 1068 of 2017
BETWEEN: HEALTH SERVICES UNION OF AUSTRALIA VICTORIA NO. 1 BRANCH
First Applicant
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