Motion v Qantas Airways Limited [2022] FCA 25

Federal Court of Australia

Motion v Qantas Airways Limited [2022] FCA 25 File number(s): QUD 17 of 2022

Judgment of: DOWNES J

Date of judgment: 24 January 2022

Date of publication of reasons: 25 January 2022

Catchwords: EQUITY – application by employees for urgent interim injunctions to restrain enforcement of COVID-19 vaccination policy and from proceeding with review process because of alleged failure by applicants to comply with policy – where alleged that proper consultation had not occurred prior to implementation of vaccination policy – where all employees received a survey in July 2021 and were invited to respond – where draft vaccination policy was produced in August 2021 and provided to employees – where all employees were informed of finalised vaccination policy in September 2021 and given until November 2021 to comply or apply for an exemption – where unions were consulted about vaccination policy and either support it or do not oppose it – where health and safety representatives were also consulted – where public health orders and directions in states in which the respondents operate their business require the applicants to be vaccinated – where applicants claimed that these health orders and directions were invalid because of inconsistency with other legislation – where other legislation not identified by applicants with precision – where no evidence adduced that a risk assessment conducted by the respondents was inadequate – where all but two applicants continue to be paid while review process is continuing – where no undertaking as to damages offered by applicants – where applicants delayed in bringing their urgent application – where respondents offered undertakings including not to terminate employment of applicants pending further order – where applicants could not demonstrate irremediable harm if review process continues to be conducted – application dismissed