Interim reinstatement orders

Under sec 545 of the Fair Work Act each of the Federal Court and the Federal Circuit Court is empowered to make orders considered appropriate if the court is satisfied that a person (including by definition an employer corporation) has contravened or proposes to contravene a civil remedy provision, which for the purpose of this post includes a beach of the general protections including adverse action for a prohibited reason.
Under sub-sec 545(2) the relief which can be ordered includes the grant of a permanent or an interim injunction, reinstatement and compensation.
Accordingly where an employee contends that he or she is the victim of a breach of the general protections he or she may apply for amongst other things an injunction to restrain the breach and interim reinstatement pending a formal hearing of the substantive case or as Justice Katzmann put it in Construction Forestry Mining and Energy Union v Anglo Coal (Capcoal Management) Pty Ltd [2016] FCA 1582 delivered 23 December 2016 “to prevent, stop or, relevantly, remedy the effects of a contravention of the Act.”
When is it appropriate to order an interim inunction to preserve the status quo? Two questions need to be asked.
“The first is whether the applicant has made out a prima facie case in the sense that if the evidence were to remain as it is, there is a probability that at the trial of the action the applicant would be entitled to relief. The second is whether the inconvenience or injury the applicant is likely to suffer if an injunction were refused outweighs or is outweighed by the injury which the respondent would suffer if the injunction were granted. See Beecham Group Ltd v Bristol Laboratories Pty Ltd (1968) 118 CLR 618 at 622–3; Australian Broadcasting Corporation v O’Neill (2006) 227 CLR 57 at [65].”