Australian Municipal Administrative Clerical Services Union v Greater Dandenong City Council [1999] FCA 928

Australian Municipal Administrative Clerical Services Union v Greater Dandenong City Council [1999] FCA 928

Although the applicants had a reasonably arguable case raising a serious question to be tried, the Court was not satisfied that interlocutory relief should be granted because the application was brought very late, there were weighty arguments against the applicants' ultimate success, any steps taken were likely capable of being effectively undone if the applicants succeeded, and a prompt final hearing could be fixed.

Jurisdiction
Australia
Judgment Date
19 May 1999
Procedural Posture
Industrial Application for Interlocutory Injunction / Interlocutory Application
Outcome
Application dismissed.
Legal Topics
['interlocutory Injunction' 'dismissal' 'prohibited Reasons' 'industrial Instruments' 'competitive Tendering' 'redundancy']
['industrial Law' 'employment Law'] ['interlocutory Injunction' 'dismissal' 'prohibited Reasons' 'industrial Instruments' 'competitive Tendering' 'redundancy']

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Procedural Posture

Industrial Application for Interlocutory Injunction / Interlocutory Application

Legal Issues

  1. 1 ['Whether there was a serious question to be tried that the Council dismissed employees for a prohibited reason under s 298K and s 298L(1)(h) of the Workplace Relations Act (Cth) 1996.' 'Whether the balance of convenience favoured granting interlocutory injunctive relief before the notices of termination took effect.']

Ratio Decidendi

Although the applicants had a reasonably arguable case raising a serious question to be tried, the Court was not satisfied that interlocutory relief should be granted because the application was brought very late, there were weighty arguments against the applicants' ultimate success, any steps taken were likely capable of being effectively undone if the applicants succeeded, and a prompt final hearing could be fixed.

Court Disposition

Application dismissed.

Orders

  • ['The application for an interlocutory injunction is dismissed.']