Gillow v George Weston Foods Ltd [1999] FCA 605

Gillow v George Weston Foods Ltd [1999] FCA 605

Ms Poulios was not entitled to interim relief because the material did not show a significant reduction in her hours and therefore did not establish a serious issue to be tried, and in any event there was insufficient evidence that the balance of convenience favoured relief. Mr Gillow did establish a serious issue to be tried because he had suffered a recent reduction in hours and it was arguable that his resignation from the Miscellaneous Workers' Union or failure to remain a member was one reason for the respondent's conduct; however, the specific interim orders sought were not appropriate given the respondent's evidence of a general policy limiting casual work and the potential...

Jurisdiction
Australia
Judgment Date
01 April 1999
Procedural Posture
Application for Interim Relief / Ex Tempore Reasons for Judgment on Interim Relief
Outcome
The second applicant's application for interim relief was dismissed. The first applicant's application for interim relief and a directions hearing were adjourned, and the proceeding was referred to mediation.
Legal Topics
['interim Injunction' 'prohibited Reason' 'industrial Association Membership' 'reduction of Casual Employee Hours' 'workplace Relations Act 1996 (cth)']
['employment Law' 'industrial Law'] ['interim Injunction' 'prohibited Reason' 'industrial Association Membership' 'reduction of Casual Employee Hours' 'workplace Relations Act 1996 (cth)']

Case Brief

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Procedural Posture

Application for Interim Relief / Ex Tempore Reasons for Judgment on Interim Relief

Legal Issues

  1. 1 ['Whether the applicants established a serious issue to be tried that the respondent injured them in their employment or altered their position to their prejudice for a prohibited reason under section 298K of the Workplace Relations Act 1996 (Cth).' 'Whether the balance of convenience favoured interim orders requiring the respondent to roster the applicants for specified hours.' "Whether the alleged reduction in Mr Gillow's casual hours could constitute injury or alteration of position to his prejudice within section 298K(1)(b) and (c)."]

Ratio Decidendi

Ms Poulios was not entitled to interim relief because the material did not show a significant reduction in her hours and therefore did not establish a serious issue to be tried, and in any event there was insufficient evidence that the balance of convenience favoured relief. Mr Gillow did establish a serious issue to be tried because he had suffered a recent reduction in hours and it was arguable that his resignation from the Miscellaneous Workers' Union or failure to remain a member was one reason for the respondent's conduct; however, the specific interim orders sought were not appropriate given the respondent's evidence of a general policy limiting casual work and the potential...

Court Disposition

The second applicant's application for interim relief was dismissed. The first applicant's application for interim relief and a directions hearing were adjourned, and the proceeding was referred to mediation.

Orders

  • ['The application for interim relief made by the second applicant is dismissed.' 'The application for interim relief made by the first applicant and a directions hearing is adjourned until 10:15 a.m. on 26 April 1999.' 'The proceeding is referred to the mediation of Registrar Efthim at 2:15 p.m. on 14 April 1999,...