Federal Court of Australia
Federal Court of Australia
QNurses First Inc v Monash Health [2021] FCA 1372 File number: VID 610 of 2021
Judgment of: SNADEN J
Date of judgment: 3 November 2021
Date of publication of reasons: 5 November 2021
Catchwords: INDUSTRIAL LAW – interlocutory injunction – direction of the Victorian Chief Health Officer requiring that healthcare workers be vaccinated against COVID-19 – employer gave a direction to all employees effecting vaccination requirement – certain employees unable or unwilling to meet vaccination requirement – certain employees requested consultation about vaccination requirement and alleged that no such consultation occurred – those employees subject to, or to be subject to, disciplinary action – disciplinary action alleged to be taken due to employees' request for consultation – right to consultation under s 35 of Occupational Health and Safety Act 2004 (Vic) asserted to be a workplace right – alleged contravention or proposed contravention of s 340 of the Fair Work Act 2009 (Cth) PRACTICE AND PROCEDURE – application for interlocutory injunction – whether prima facie case that respondent has contravened s 340(1) of the Fair Work Act – whether balance of convenience favours the grant of injunctive relief – application for interlocutory relief dismissed
Legislation: Fair Work Act 2009 (Cth) ss 340, 341, 342, 360, 361, 570 Federal Court of Australia Act 1976 (Cth) s 23 Associations Incorporation Act 1981 (Qld) Health Services Act 1988 (Vic) Occupational Health and Safety Act 2004 (Vic) Public Health and Wellbeing Act 2008 (Vic) ss 198, 199, 200
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