Ramsay Health Care Australia v Australian Nursing Federation Industrial Union of Workers Perth [2024] FCA 519

Federal Court of Australia

Ramsay Health Care Australia v Australian Nursing Federation Industrial Union of Workers Perth [2024] FCA 519 File number(s): NSD 420 of 2024

Judgment of: PERRY J

Date of judgment: 17 May 2024

Catchwords: PRACTICE AND PROCEDURE – whether advertisements by respondent union criticising staff/patient ratios and quality of care by applicant's hospitals should be restrained by interlocutory injunction pending final determination of the proceedings – where applicant alleged advertisements were false or misleading contrary to the Australian Consumer Law - whether serious question to be tried –whether terms of proposed injunction were too wide and uncertain – where respondent alleged injunctions would stifle debate on important topic of public health contrary to freedom of speech – where applicant contended false or misleading representations posed risk of deterring public from obtaining necessary treatment from its hospitals – whether requirement on respondent to provide advance notice of intention to resume advertising campaign would better reflect the balance of convenience – interlocutory application allowed in part CONSUMER LAW – whether it is arguable that representations made by respondent union at a time when negotiating a proposed enterprise agreement were made "in trade or commerce" for the purposes of the Australian Consumer Law

Legislation: Competition and Consumer Act 2010 (Cth), Schedule 2 (Australian Consumer Law) ss 18, 31 and 34 Fair Work Act 2009 (Cth) Fair Trading Act 2010 (WA), s 24

Cases cited: ALDI Foods Pty Limited v Transport Workers' Union of Australia [2020] FCAFC 231; (2020) 282 FCR 274 National Roads and Motorists' Association Limited v Construction, Forestry, Maritime, Mining and Energy Union [2019] FCA 1491; 291 IR 28 Telstra Corporation Ltd v SingTel Optus Pty Ltd [2007] FCA 824