Australasian Meat Industry Employee's Union & Ors v Aziz, Rashad Basha & Ors [1998] FCA 925

Australasian Meat Industry Employee's Union & Ors v Aziz, Rashad Basha & Ors [1998] FCA 925

The Court granted interlocutory relief because there was a serious question to be tried that Mt Schank Meats and Quality Meats, in combination with the first to seventh respondents, injured employees and altered their positions to their prejudice for the prohibited reason that the employees were entitled to the benefit of an industrial instrument, and because s298U(e) permitted effective interim orders against persons other than the employers. There was also a serious question to be tried that the first to seventh respondents conspired with the employer companies to terminate the second applicants' employment by placing the employer companies into administration to avoid obligations under...

Jurisdiction
Australia
Judgment Date
05 August 1998
Procedural Posture
Representative Proceeding and Application for Industrial Law and Associated Relief / Interlocutory Application for Interim Injunctions and Related Orders
Outcome
Interlocutory orders granted against the first to seventh respondents; related representative proceeding, pleading, directions, and liquidation orders made.
Legal Topics
['dismissal of Employees' 'prohibited Reasons Under Workplace Relations Act 1996 (cth)' 'interlocutory Injunctions' 'serious Question to Be Tried' 'balance of Convenience' 'conspiracy to Injure by Unlawful Means' 'mareva Injunction' 'voluntary Administration and Liquidation' 'representative Proceedings']
['industrial Law' 'corporations Law' 'equity' 'tort'] ['dismissal of Employees' 'prohibited Reasons Under Workplace Relations Act 1996 (cth)' 'interlocutory Injunctions' 'serious Question to Be Tried' 'balance of Convenience' 'conspiracy to Injure by Unlawful Means' 'mareva Injunction' 'voluntary Administration and Liquidation' 'representative Proceedings']

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 1 Authorities cited 2 Party arguments 2 Amounts and remedies 1
Sign in to unlock

Procedural Posture

Representative Proceeding and Application for Industrial Law and Associated Relief / Interlocutory Application for Interim Injunctions and Related Orders

Legal Issues

  1. 1 ['Whether there was a serious question to be tried that the respondents breached s298K of the Workplace Relations Act 1996 (Cth).' 'Whether interlocutory relief under s298U(e) of the Workplace Relations Act 1996 (Cth) could be made against the first to seventh respondents, although they were not the employers of the dismissed workers.' 'Whether there was a serious question to be tried that the first to seventh respondents conspired to injure the second applicants by unlawful means.' 'Whether the balance of convenience favoured interlocutory injunctions, including an interim mandatory mareva injunction.']

Ratio Decidendi

The Court granted interlocutory relief because there was a serious question to be tried that Mt Schank Meats and Quality Meats, in combination with the first to seventh respondents, injured employees and altered their positions to their prejudice for the prohibited reason that the employees were entitled to the benefit of an industrial instrument, and because s298U(e) permitted effective interim orders against persons other than the employers. There was also a serious question to be tried that the first to seventh respondents conspired with the employer companies to terminate the second applicants' employment by placing the employer companies into administration to avoid obligations under...

Court Disposition

Interlocutory orders granted against the first to seventh respondents; related representative proceeding, pleading, directions, and liquidation orders made.

Orders

  • ['Upon the first applicant giving the usual undertaking as to compensation, until the hearing and determination of the application or further order, the first to seventh respondents must not by themselves or through servants or agents acquire from any person or party other than former employees of Mt Schank Meat...