Australasian Meat Industry Employee's Union & Ors v Aziz, Rashad Basha & Ors [1998] FCA 1149

Australasian Meat Industry Employee's Union & Ors v Aziz, Rashad Basha & Ors [1998] FCA 1149

The order was varied to include that meatworkers re-engaged are to be employed on the same terms and conditions as on 1 June 1998, to maintain the status quo pending the substantive hearing; there was no sufficient reason, including the conduct of the applicants' solicitors, to refuse the variation sought.

Jurisdiction
Australia
Judgment Date
09 September 1998
Procedural Posture
Application for Interlocutory Relief / Variation of Interlocutory Orders
Outcome
Variation of prior interlocutory order granted; respondents' motion dismissed.
Legal Topics
['interlocutory Relief' 'variation of Orders' 'status Quo in Employment' 'conduct of Solicitors' 'workplace Relations']
['industrial Law'] ['interlocutory Relief' 'variation of Orders' 'status Quo in Employment' 'conduct of Solicitors' 'workplace Relations']

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Procedural Posture

Application for Interlocutory Relief / Variation of Interlocutory Orders

Legal Issues

  1. 1 ["Whether the interlocutory order of 28 July 1998 should be varied to preserve employees' terms and conditions as at 1 June 1998" "Whether the conduct of the applicants' solicitors disentitles the applicants to the relief sought"]

Ratio Decidendi

The order was varied to include that meatworkers re-engaged are to be employed on the same terms and conditions as on 1 June 1998, to maintain the status quo pending the substantive hearing; there was no sufficient reason, including the conduct of the applicants' solicitors, to refuse the variation sought.

Court Disposition

Variation of prior interlocutory order granted; respondents' motion dismissed.

Orders

  • ["Order (1) of the orders made on 28 July 1998 be varied to include after the words 'at the premises of the respondents' the words 'on the same terms and conditions of employment as applied to the employment of the Employees as at 1 June 1998.'" 'Notice of motion of the 1st to 7th respondents dismissed.']