Australian Nursing and Midwifery Federation v Kitaya Holdings Pty Ltd [2022] FCA 1394

Federal Court of Australia

Australian Nursing and Midwifery Federation v Kitaya Holdings Pty Ltd [2022] FCA 1394 File number(s): VID 648 of 2022

Judgment of: HESPE J

Date of judgment: 24 November 2022

Catchwords: INDUSTRIAL LAW – alleged contravention or proposed contravention of s 50 of the Fair Work Act 2009 (Cth) (Fair Work Act) – whether interim injunction pursuant to ss 545(1) and (2)(a) of the Fair Work Act and s 23 of the Federal Court of Australia Act 1976 (Cth) should issue PRACTICE AND PROCEDURE – application for interim injunction – whether prima facie case that respondent has contravened or proposes to contravene s 50 of the Fair Work Act – whether balance of convenience favours the grant of injunctive relief

Legislation: Fair Work Act 2009 (Cth) ss 50, 545 Federal Court of Australia Act 1976 (Cth) s 23

Cases cited: Australian Broadcasting Corporation v Lenah Game Meats Pty Ltd [2001] HCA 63; (2001) 208 CLR 199 Australian Broadcasting Corporation v O'Neill [2006] HCA 46; (2006) 227 CLR 57 Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union v Ardmona Foods [2006] FCA 1039 Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union known as The Australian Manufacturing Workers' Union (AMWU) & Anor v McCain Foods (Aust) Pty Ltd [2012] FCA 1126 Blackadder v Ramsey Butchering Services Pty Ltd [2005] HCA 22; (2005) 221 CLR 539 QNurses First Inc v Monash Health [2021] FCA 1372 Samsung Electronics Company Ltd v Apple Inc [2011] FCAFC 156; (2011) 217 FCR 238 Sigma Pharmaceuticals (Australia) Pty Ltd v Wyeth [2009] FCA 595