Bassett v Coles Myer Logistics Pty Ltd [2003] FCA 551

Bassett v Coles Myer Logistics Pty Ltd [2003] FCA 551

The interlocutory injunction was refused because the Act specifically entrusted the Commission with jurisdiction to consider an application to vary a certified agreement, no hearing on the substantive claims had occurred in the Court, and the matter could not be resolved in the Court for some months; the case was distinguishable from McGarry v Boonah Clothing Pty Ltd because there the matter had already been fully argued and findings made.

Jurisdiction
Australia
Judgment Date
02 June 2003
Procedural Posture
Application Concerning Alleged Failure to Pay Redundancy Payments Under a Certified Agreement and Alternative Claim for Damages for Breach of Employment Contracts / Motion for Interlocutory Injunction
Outcome
Motion for interlocutory injunction refused; directions hearing adjourned to a date to be fixed.
Legal Topics
['certified Agreement Variation' 'redundancy Payments' 'interlocutory Injunction' 'workplace Relations Act 1996 S 170 Md(6)']
['employment Law' 'industrial Relations'] ['certified Agreement Variation' 'redundancy Payments' 'interlocutory Injunction' 'workplace Relations Act 1996 S 170 Md(6)']

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Procedural Posture

Application Concerning Alleged Failure to Pay Redundancy Payments Under a Certified Agreement and Alternative Claim for Damages for Breach of Employment Contracts / Motion for Interlocutory Injunction

Legal Issues

  1. 1 ['Whether the Court should grant an interlocutory injunction restraining Coles Myer Logistics Pty Ltd from taking further steps in the Australian Industrial Relations Commission to vary the certified agreement.']

Ratio Decidendi

The interlocutory injunction was refused because the Act specifically entrusted the Commission with jurisdiction to consider an application to vary a certified agreement, no hearing on the substantive claims had occurred in the Court, and the matter could not be resolved in the Court for some months; the case was distinguishable from McGarry v Boonah Clothing Pty Ltd because there the matter had already been fully argued and findings made.

Court Disposition

Motion for interlocutory injunction refused; directions hearing adjourned to a date to be fixed.

Orders

  • ['The motion for an interlocutory injunction be refused.' 'The directions hearing in this matter be adjourned to a date to be fixed.']