Haeusler v Australian Capital Territory [2023] FCA 1304

Federal Court of Australia

Haeusler v Australian Capital Territory [2023] FCA 1304 File number(s): ACD 58 of 2023

Judgment of: WIGNEY J

Date of judgment: 20 October 2023

Date of publication of reasons: 27 October 2023

Catchwords: PRACTICE AND PROCEDURE – application by employees and union for interlocutory injunction restraining the employer from issuing work orders under a contract with an independent contractor unless and until it complies with provisions in an enterprise agreement concerning consultation and the taking of steps to ensure that employees of the contractor receive equivalent pay and conditions – consideration of principles applicable to grant of interlocutory injunctions – whether serious question to be tried – balance of convenience in respect of grant of interlocutory injunction – claim for interlocutory injunction dismissed on the basis that the balance of convenience did not favour the grant of the injunction sought INDUSTRIAL LAW – construction of enterprise agreement – whether appropriate in the circumstances to resolve the constructional issue at interlocutory stage – where constructional issue is to be determined on a final basis in the near future by another judge in related proceedings COSTS – whether applicants should be ordered to pay costs under sub-s 570(2) of the Fair Work Act 2009 (Cth) – whether the claim for interlocutory relief was vexatious or without reasonable cause – no order as to costs

Legislation: Fair Work Act 2009 (Cth) ss 50, 545, 570(2)(a)-(b) Federal Court of Australia Act 1976 (Cth) s 23

Cases cited: Australian Broadcasting Corporation v Lenah Game Meats Pty Ltd (2001) 208 CLR 199; [2001] HCA 63 Australian Federation of Air Pilots v HNZ Australia [2015] FCA 755 Beecham Group Ltd v Bristol Laboratories Pty Ltd (1968) 118 CLR 618; [1968] HCA 1 Castlemaine Tooheys Ltd v South Australia (1986) 161 CLR 148; [1986] HCA 58 City of Wanneroo v Australian Municipal, Administrative, Clerical and Services Union [2006] FCA 813 Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia v QR Limited (2010) 268 ALR 514; [2010] FCA 591 Construction, Forestry, Mining and Energy Union v BHP Coal Pty Ltd [2014] FCA 1431 Pakenham Upper Fruit Company Limited v Crosby (1924) 35 CLR 386; [1924] HCA 55 Ridd v James Cook University (2021) 274 CLR 495; [2021] HCA 32 Samsung Electronics Co Ltd v Apple Inc (2011) 217 FCR 238; [2011] FCAFC 156 Sigma Pharmaceuticals (Australia) Pty Ltd v Wyeth [2009] FCA 595