Lye v Fair Work Commission
Citation: [2026] FCA 95
At a glance
- Employees affected
- 1
What happened
The applicant, Lye, applied to the Federal Court of Australia for an interlocutory injunction. The injunction sought to stop the Fair Work Commission from continuing appeal proceedings and from requiring Lye to participate in those proceedings without first lawfully considering a request for reasonable adjustments. The application was partly in the nature of a stay of the Commission proceedings. The Court considered whether there was a serious question to be tried, whether the balance of convenience favoured granting the injunction, and whether exceptional circumstances had been shown.
What was decided
Based on the headnote provided, the Court assessed the three key criteria for an interlocutory injunction: a serious question to be tried, the balance of convenience, and whether exceptional circumstances existed. The source text does not set out the final orders or detailed reasoning, so the specific outcome, including whether the injunction was granted or refused, cannot be confirmed from the available material.
What it means for employees
If you have a disability or other circumstance requiring adjustments to participate in Fair Work Commission proceedings, this case suggests that the lawful consideration of such a request may be relevant to whether those proceedings can continue. Seek legal advice if you believe your request for reasonable adjustments has not been properly considered.
Every statement above is drawn from the published decision. Read the original here:
https://www.judgments.fedcourt.gov.au/judgments/Judgments/fca/single/2026/2026fca0095This summary was drafted by AI from the published decision and reviewed before publishing. It is general information, not legal advice. For your specific situation, speak to the Fair Work Ombudsman (13 13 94) or a qualified lawyer. About these summaries & corrections →