Team Employment & Training Network Pty Ltd v Secretary, Department of Employment, Workplace Relations & Small Business [1999] FCA 1792

Team Employment & Training Network Pty Ltd v Secretary, Department of Employment, Workplace Relations & Small Business [1999] FCA 1792

The applicant was not entitled to interlocutory relief because, on the material before the Court, there was no serious question to be tried that any respondent had made a reviewable decision of an administrative character under an enactment. Section 58 of the Employment Services Act 1994 (Cth) applied to ESRA and did not empower the Secretary or the Commonwealth to make the relevant decisions; there was no evidence linking ESRA or the Secretary to the decisions; and the Commonwealth's tender process appeared to be an exercise of executive contracting power rather than statutory power. The alternative Trade Practices Act 1974 (Cth) case also disclosed no serious question to be tried...

Jurisdiction
Australia
Judgment Date
20 December 1999
Procedural Posture
Application for an Order for Review Under the Administrative Decisions (judicial Review) Act 1977 (cth), With Alternative Trade Practices Act 1974 (cth) Allegations / Interlocutory Application for Relief Restraining Entry Into Contracts Pending Trial
Outcome
Application for interlocutory relief dismissed.
Legal Topics
['reviewability of Tender Decisions Under the Administrative Decisions (judicial Review) Act 1977 (cth)' 'whether Decisions Were of an Administrative Character Made Under an Enactment' 'commonwealth Executive Power to Contract' 'employment Services Tender Conditions' 'serious Question to Be Tried' 'misleading or Deceptive Conduct Allegations Against the Commonwealth']
['administrative Law' 'trade Practices' 'government Procurement' 'interlocutory Injunctions'] ['reviewability of Tender Decisions Under the Administrative Decisions (judicial Review) Act 1977 (cth)' 'whether Decisions Were of an Administrative Character Made Under an Enactment' 'commonwealth Executive Power to Contract' 'employment Services Tender Conditions' 'serious Question to Be Tried' 'misleading or Deceptive Conduct Allegations Against the Commonwealth']

Case Brief

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Procedural Posture

Application for an Order for Review Under the Administrative Decisions (judicial Review) Act 1977 (cth), With Alternative Trade Practices Act 1974 (cth) Allegations / Interlocutory Application for Relief Restraining Entry Into Contracts Pending Trial

Legal Issues

  1. 1 ["Whether the decisions to include clause 1.7.2 in the tender conditions, reject the applicant's tender as non-conforming, and enter contracts with others were decisions of an administrative character made under an enactment for the purposes of the Administrative Decisions (Judicial Review) Act 1977 (Cth)." 'Whether s 58 of the Employment Services Act 1994 (Cth) supplied statutory authority for the relevant decisions.' 'Whether any respondent, including ESRA or the Secretary, was shown to have made the relevant decisions.' "Whether the Commonwealth's tender conduct was conduct in trade or commerce or in carrying on a business for the purposes of s 52 and s 2A of the Trade Practices Act 1974 (Cth)." 'Whether the applicant established a serious question to be tried sufficient for interlocutory injunctive relief.']

Ratio Decidendi

The applicant was not entitled to interlocutory relief because, on the material before the Court, there was no serious question to be tried that any respondent had made a reviewable decision of an administrative character under an enactment. Section 58 of the Employment Services Act 1994 (Cth) applied to ESRA and did not empower the Secretary or the Commonwealth to make the relevant decisions; there was no evidence linking ESRA or the Secretary to the decisions; and the Commonwealth's tender process appeared to be an exercise of executive contracting power rather than statutory power. The alternative Trade Practices Act 1974 (Cth) case also disclosed no serious question to be tried...

Court Disposition

Application for interlocutory relief dismissed.

Orders

  • ['The application for interlocutory relief is dismissed.' "The applicant pay the respondents' costs of and incidental to the notice of motion, including reserved costs to be taxed if not agreed."]