Federal Court of Australia
Federal Court of Australia Australian Nursing and Midwifery Federation v St Vincent's Private Hospitals Ltd [2025] FCA 18 File number(s):
Judgment of: HORAN J
Date of judgment: 17 January 2025
Date of publication of reasons 24 January 2025
Catchwords: INDUSTRIAL LAW — interlocutory relief — application for injunction to restrain employer from making representations that protected industrial action is unprotected or unlawful — protected action ballot authorising "closure of beds" by nursing staff at private hospital – alleged contravention of s 345 of Fair Work Act 2009 (Cth) – whether prima facie case that false or misleading representations about workplace rights made knowingly or recklessly — whether balance of convenience favours grant of injunction — interlocutory application granted
Legislation: Fair Work Act 2009 (Cth) ss 19, 345, 409, 418, 443, 457, 539, 545 Federal Court of Australia Act 1976 (Cth) s 23
Australian Broadcasting Corporation v O'Neill (2006) 227 CLR 57 Australian Municipal, Administrative, Clerical and Services Union v Commissioner of Taxation [2022] FCA 1225 Cases cited: Davids Distribution Proprietary Limited v National Union of Workers (1999) 91 FCR 463 Samsung Electronics Co Ltd v Apple Inc (2011) 217 FCR 238 Victorian Hospitals' Industrial Association v Australian Nursing Federation [2011] 214 IR 148
Division: Fair Work Division
Registry: Victoria
National Practice Area:
Number of paragraphs: 68
Date of hearing: 16 and 17 January 2025
Counsel for the Applicant: E White
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