Kosiek v Marist School Australia Ltd [2023] FCA 1049

Federal Court of Australia

Kosiek v Marist School Australia Ltd [2023] FCA 1049 File number: QUD 368 of 2023

Judgment of: COLLIER J

Date of judgment: 6 September 2023

Catchwords: Employment and Industrial Law – application by dismissed employee for interlocutory order of reinstatement into employment – relevant principles for consideration of interlocutory application – whether serious questions to be tried – whether damages would be inadequate remedy – balance of convenience

Legislation: Fair Work Act 2009 (Cth) ss 50, 340, 341, 342, 545

Cases cited: Australian Broadcasting Corporation v O'Neill [2006] HCA 46; (2006) 227 CLR 57 CFMEU v Anglo Coal (Dawson Services) [2015] 238 FCR 273

Division: Fair Work Division

Registry: Queensland

National Practice Area: Employment and Industrial Relations

Number of paragraphs: 59

Date of hearing: 30 August 2023

Counsel for the Applicant: Mr N.J. Shaw

Solicitor for the Applicant: Laxon Lex Lawyers

Counsel for the Respondents: Mr J.E. Murdoch KC

Solicitor for the Respondents: HWL Ebsworth Lawyers

ORDERS QUD 368 of 2023

BETWEEN: STANISLAW KOSIEK Applicant

AND: MARIST SCHOOL AUSTRALIA LTD First Respondent

MR MICHAEL NEWMAN Second Respondent

MR CHARLES BRAUER (and another named in the Schedule) Third Respondent

order made by: COLLIER J DATE OF ORDER: 6 SEPTEMBER 2023

THE COURT ORDERS THAT:

1. The applicant's claim for interlocutory relief filed 23 August 2023 be refused. 2. The application for substantive relief be remitted to the National Operations Registry for urgent docket allocation. Note: Entry of orders is dealt with in Rule 39.32 of the Federal Court Rules 2011.