National Tertiary Education Union v Monash University [2022] FCA 1368

National Tertiary Education Union v Monash University [2022] FCA 1368

The NTEU had an arguable case, but the interests of justice did not warrant anti-suit injunctive relief because the FWC was exercising a specific statutory function under s 217, the NTEU could oppose the application there, the FWC proceeding was likely to be determined more quickly, and any FWC jurisdictional error could be addressed by prerogative relief. The stay was warranted because there was at least some prospect that the FWC would find ambiguity or uncertainty in the 2019 enterprise agreement concerning "contemporaneous consultation" and vary it retrospectively, which could bear on issues in the Federal Court proceeding; the delay and prejudice from a stay were limited and the...

Jurisdiction
Australia
Judgment Date
17 November 2022
Procedural Posture
Application Alleging Contraventions of S 50 of the Fair Work Act 2009 (cth), With Interlocutory Applications for a Stay and Injunctive Relief / Interlocutory Applications
Outcome
Monash University's stay application was granted and the NTEU's interlocutory application for injunctive relief was dismissed.
Legal Topics
['stay of Proceeding Pending Fair Work Commission Determination' 'anti Suit Injunctive Relief' 'enterprise Agreement Variation' 'alleged Contraventions of S 50 of the Fair Work Act 2009 (cth)' 'ambiguity or Uncertainty in Enterprise Agreement Terms']
['practice and Procedure' 'employment and Industrial Relations' 'fair Work'] ['stay of Proceeding Pending Fair Work Commission Determination' 'anti Suit Injunctive Relief' 'enterprise Agreement Variation' 'alleged Contraventions of S 50 of the Fair Work Act 2009 (cth)' 'ambiguity or Uncertainty in Enterprise Agreement Terms']

Case Brief

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Procedural Posture

Application Alleging Contraventions of S 50 of the Fair Work Act 2009 (cth), With Interlocutory Applications for a Stay and Injunctive Relief / Interlocutory Applications

Legal Issues

  1. 1 ["Whether the Federal Court proceeding should be stayed pending hearing and determination by the Fair Work Commission of Monash University's application under s 217 of the Fair Work Act 2009 (Cth) to vary the 2019 enterprise agreement." "Whether the Fair Work Commission should be joined and restrained from hearing or determining Monash University's s 217 variation application." 'Whether the NTEU had shown a prima facie case and that the balance of convenience or interests of justice warranted anti-suit injunctive relief.' 'Whether there was some prospect that Monash University could establish ambiguity or uncertainty in the 2019 enterprise agreement concerning "associated work" and "contemporaneous consultation".']

Ratio Decidendi

The NTEU had an arguable case, but the interests of justice did not warrant anti-suit injunctive relief because the FWC was exercising a specific statutory function under s 217, the NTEU could oppose the application there, the FWC proceeding was likely to be determined more quickly, and any FWC jurisdictional error could be addressed by prerogative relief. The stay was warranted because there was at least some prospect that the FWC would find ambiguity or uncertainty in the 2019 enterprise agreement concerning "contemporaneous consultation" and vary it retrospectively, which could bear on issues in the Federal Court proceeding; the delay and prejudice from a stay were limited and the...

Court Disposition

Monash University's stay application was granted and the NTEU's interlocutory application for injunctive relief was dismissed.

Orders

  • ["The applicant's interlocutory application dated 19 October 2022 be dismissed." 'The proceeding be stayed until the matter identified as AG2022/4262 is heard and determined by the Fair Work Commission, or until further order of this court.' 'The respondent is to notify the court within 3 working days of the...