A tribunal has ruled in favour of more than a dozen local artisans, designers and engineers who were locked out of their workspaces by a Melbourne council over an asbestos scare last month.
, 14 traders at the Melbourne Innovation Centre, a not-for-profit small business incubator on the site of a former landfill in Alphington, have been barred from entering their workshops and studios for nearly a month by site owner Darebin Council.The legal stoush erupted on Thursday between the council and Melbourne Innovation Centre, which leases the site and in turn grants licences to small traders for below-market rent.
Harding argued that the lease between the parties did not allow the council as the landlord to take over the site.Credit:Lawyers for Darebin Council argued that its obligations under occupational health and safety laws should trump any other consideration and that granting the injunction would “force” it to breach the OH&S Act.
The injunction does not come into effect until January 5, meaning Darebin still has the opportunity to escalate the matter to the Supreme Court. Tenants were given no notice to vacate their premises, which in some cases hold equipment and stock worth hundreds of thousands of dollars. One of the biggest licensees at the site isThe tribunal heard that the brewery has claimed more than $330,000 in damages from Melbourne Innovation Centre over the saga.
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