Federal Court of Australia
Federal Court of Australia
Cox v DP World Brisbane Limited [2021] FCA 1335 File number: QUD 365 of 2021
Judgment of: LOGAN J
Date of judgment: 11 November 2021
Catchwords: INDUSTRIAL LAW – interlocutory application – where respondent employer required all employees to submit proof of their vaccination against COVID-19 – where applicants unwilling to comply with vaccine mandate – where respondent's "show cause letter" caused to be sent after applicants raised their unwillingness to comply in a letter – whether casual link between the "show cause letter" and exercise of workplace right – where all applicants bar one entitled to termination benefits –where closely proximate trial date for substantive hearing offered by the Court – where public interest in minimising risk of disruptions to supply chains – whether damages an adequate remedy PRACTICE AND PROCEDURE – application for interlocutory injunction – whether prima facie case that respondent had contravened s 340(1) or alternatively s 50 of the Fair Work Act 2009 (Cth), or alternatively committed breach of contract – whether balance of convenience favours the grant of injunctive relief – application for interlocutory relief dismissed
Legislation: Evidence Act 1995 (Cth) s 144 Fair Work Act 2009 (Cth) ss 50, 340, 341, 361, 545 Federal Court of Australia Act 1976 (Cth) s 23 Work Health and Safety Act 2011 (Qld)
Cases cited: Australian Broadcasting Corporation v O'Neill (2006) 227 CLR 57 Bouzourou v The Ottomon Bank [1930] AC 271 Communications, Electrical, Electronic, Energy Information, Postal, Plumbing and Allied Services Union of Australia v Blue Star Pacific Pty Ltd (2009) 184 IR 333 Construction, Forestry, Maritime, Mining and Energy Union, Matthew Howard v Mt Arthur Coal Pty Ltd T/A Mt Arthur Coal [2021] FWC 6309 King v Darling Island Stevedoring & Lighterage Co Ltd; Ex parte Halliday; Ex parte Sullivan (1938) 60 CLR 601 McLean v Tedman (1984) 155 CLR 306 Ottoman Bank v Chakarian [1930] AC 277 Patrick Stevedores Operations No 2 Pty Ltd v Maritime Union of Australia (1998) 195 CLR 1 QNurses First Inc v Monash Health [2021] FCA 1372 Sabapathy v Jetstar Airways [2021] FCAFC 25 Turner v Mason (1845) 14 M&W 112
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