QNurses First Inc v Monash Health [2021] FCA 1372

QNurses First Inc v Monash Health [2021] FCA 1372

The interlocutory injunction was refused because the applicants' s 340(1) Fair Work Act case was very weak, with no evidence that Monash Health's disciplinary processes were actuated by the employees' possession or exercise of any workplace right or by an intent to prevent its exercise. Monash Health's evidence was that the processes were undertaken because the Chief Health Officer's directions left no realistic alternative. The balance of convenience did not warrant relief because the likely prejudice to the employees was unclear and appeared capable of being addressed by damages if the claim succeeded.

Jurisdiction
Australia
Judgment Date
03 November 2021
Procedural Posture
Industrial Law; Application for Interlocutory Injunction / Urgent Interlocutory Application for Injunctive Relief
Outcome
Application for interlocutory relief dismissed; costs reserved.
Legal Topics
['interlocutory Injunction' 'adverse Action' 'workplace Rights' 'consultation Under Occupational Health and Safety Legislation' 'covid 19 Vaccination Directions' 'balance of Convenience' 'prima Facie Case']
['industrial Law' 'employment and Industrial Relations' 'practice and Procedure' 'occupational Health and Safety' 'public Health'] ['interlocutory Injunction' 'adverse Action' 'workplace Rights' 'consultation Under Occupational Health and Safety Legislation' 'covid 19 Vaccination Directions' 'balance of Convenience' 'prima Facie Case']

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Procedural Posture

Industrial Law; Application for Interlocutory Injunction / Urgent Interlocutory Application for Injunctive Relief

Legal Issues

  1. 1 ['Whether there was a prima facie case that Monash Health contravened or proposed to contravene s 340(1) of the Fair Work Act 2009 (Cth) by taking disciplinary action because employees possessed or exercised a workplace right to consultation or to prevent the exercise of that right.' 'Whether any right to consultation under s 35 of the Occupational Health and Safety Act 2004 (Vic) was a workplace right for the purposes of s 340(1) of the Fair Work Act 2009 (Cth).' 'Whether the balance of convenience favoured granting interlocutory injunctive relief restraining Monash Health from proceeding with disciplinary processes.']

Ratio Decidendi

The interlocutory injunction was refused because the applicants' s 340(1) Fair Work Act case was very weak, with no evidence that Monash Health's disciplinary processes were actuated by the employees' possession or exercise of any workplace right or by an intent to prevent its exercise. Monash Health's evidence was that the processes were undertaken because the Chief Health Officer's directions left no realistic alternative. The balance of convenience did not warrant relief because the likely prejudice to the employees was unclear and appeared capable of being addressed by damages if the claim succeeded.

Court Disposition

Application for interlocutory relief dismissed; costs reserved.

Orders

  • ["The applicants' application for interlocutory relief contained in the originating application of 28 October 2021 be dismissed." 'The costs of and pertaining to that application be reserved.']