Freeman v Ambulance Victoria [2011] FCA 1141

Freeman v Ambulance Victoria [2011] FCA 1141

The applicant failed to demonstrate an arguable case under either the enterprise agreement or the relevant provisions of the Fair Work Act 2009 (Cth), and the requirements for interlocutory injunctive relief were not satisfied. Accordingly, the application for interlocutory relief was refused.

Parties
Applicant: Neil Freeman; Respondent: Ambulance Victoria
Jurisdiction
Australia
Judgment Date
06 October 2011
Procedural Posture
Application for Interlocutory Injunctive Relief / Interlocutory and Directions
Outcome
Application for interlocutory injunction refused; directions given for further conduct of the matter.
Legal Topics
General Protections, Interlocutory Injunctions, Dismissal, Anti Discrimination, Enterprise Agreement Grievance Procedures, Fair Work Act 2009 (cth)
Employment Law Industrial Law General Protections Interlocutory Injunctions Dismissal Anti Discrimination Enterprise Agreement Grievance Procedures Fair Work Act 2009 (cth)

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Parties

Neil Freeman

Applicant

Ambulance Victoria

Respondent

Procedural Posture

Application for Interlocutory Injunctive Relief / Interlocutory and Directions

Legal Issues

  1. 1 Whether the applicant is entitled to interlocutory injunctive relief restraining termination of employment
  2. 2 Whether provisions of the Fair Work Act 2009 (Cth) preclude the proceeding
  3. 3 Whether there is an arguable case for breach of enterprise agreement or unlawful discrimination

Ratio Decidendi

The applicant failed to demonstrate an arguable case under either the enterprise agreement or the relevant provisions of the Fair Work Act 2009 (Cth), and the requirements for interlocutory injunctive relief were not satisfied. Accordingly, the application for interlocutory relief was refused.

Court Disposition

Application for interlocutory injunction refused; directions given for further conduct of the matter.

Orders

  • The applicant's application for an interlocutory injunctive order be refused.
  • Costs reserved.