Federal Court of Australia
Federal Court of Australia
National Tertiary Education Union v Monash University [2022] FCA 1368 File number: VID 534 of 2022
Judgment of: SNADEN J
Date of judgment: 17 November 2022
Catchwords: PRACTICE AND PROCEDURE – application for stay of proceeding pending determination of a proceeding in the Fair Work Commission ("FWC") – where application for variation of enterprise agreement before FWC – where contraventions of section 50 of the Fair Work Act 2009 (Cth) alleged in this court – whether proper basis for variation application – whether variation application might bear upon questions for determination in this proceeding – whether discretion enlivened to grant stay – application granted – application by respondent for anti-suit injunctive relief to restrain FWC from hearing and determining variation proceeding – whether the applicant has a prima facie case for the relief claimed – whether the balance of convenience warrants relief – whether discretion enlivened in the interests of justice– injunctive relief refused
Legislation: Fair Work Act 2009 (Cth) - ss 50, 217
Cases cited: Australian Broadcasting Corporation v O'Neill (2006) 227 CLR 57 Australian Building and Construction Commissioner v Construction, Forestry, Mining and Energy Union (2016) 247 FCR 138 Australian Rail, Tram and Bus Industry Union v Busways Northern Beaches Pty Ltd (No 2) (2022) 316 IR 258 Bianco Walling Pty Ltd v Construction, Forestry, Maritime, Mining and Energy Union (2020) 275 FCR 385 Finance Sector Union of Australia v Commonwealth Bank of Australia (2004) 205 ALR 582 Financial Services Union of Australia v Australia and New Zealand Banking Group Ltd [2005] FCA 62 Katoa v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs (2022) 403 ALR 604 MZABP v Minister for Immigration and Border Protection (2016) 152 ALD 478 Pegasus Leasing Limited v Cadoroll Pty Limited (1996) 59 FCR 152 Re Tenix Defence Systems Pty Ltd Certified Agreement 2001-2004 [2002] AIRC 531 Société Nationale Industrielle Aerospatiale v Lee Kui Jak [1987] AC 871 TS Production LLC v Drew Pictures Pty Ltd (2008) 172 FCR 433 Warramunda Village Inc v Pryde (2002) 116 FCR 58
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