Assi v Department of Climate Change, Energy, the Environment and Water [2022] FCA 1592

Federal Court of Australia

Assi v Department of Climate Change, Energy, the Environment and Water [2022] FCA 1592 File number(s): NSD 1139 of 2022

Judgment of: COLLIER J

Date of judgment: 22 December 2022

Catchwords: PRACTICE AND PROCEDURE – claimed contraventions of the Fair Work Act 2009 (Cth) – application for interlocutory injunction seeking to restrain the second respondent, through themselves, agents or delegates from taking any steps to terminate the applicant's employment with the first respondent – applicable principles – standard of evidence acceptable at interlocutory level – interlocutory relief granted

Legislation: Fair Work Act 2009 (Cth)

Cases cited: Australian Broadcasting Corporation v O' Neill [2006] HCA 46; (2006) 227 CLR 57 Bettles as trustee of the bankrupt estate of Bruce v Bruce [2021] FCA 1248 Director, Fair Work Building Industry Inspectorate v Construction, Forestry, Mining and Energy Union [2016] FCA 1225 M v Commonwealth of Australia [2008] FCA 1992 Victorian Egg Marketing Board v Parkwood Eggs Pty Ltd (1978) 33 FLR 294; [1978] FCA 27

Division: Fair Work Division

Registry: New South Wales

National Practice Area: Employment and Industrial Relations

Number of paragraphs: 23

Date of hearing: 21 December 2022

Counsel for the Applicant: Mr B Rauf

Solicitor for the Applicant: Attia Lawyers and Consultants

Solicitor for the Respondents: HWL Ebsworth

ORDERS NSD 1139 of 2022

BETWEEN: HANAN ASSI Applicant

AND: DEPARTMENT OF CLIMATE CHANGE, ENERGY, THE ENVIRONMENT AND WATER First Respondent