Yirra Pty Ltd (t/as Richmond Demolition and Salvage) v Summerton; in the matter of an application by the Construction, Forestry, Mining and Energy Union [2008] FCAFC 175

FEDERAL COURT OF AUSTRALIA

Yirra Pty Ltd (t/as Richmond Demolition and Salvage) v Summerton; in the matter of an application by the Construction, Forestry, Mining and Energy Union [2008] FCAFC 175

INDUSTRIAL RELATIONS – application under s 855(1) of the Workplace Relations Act 1996 (Cth) for leave to intervene in an appeal – relevant considerations – liability of intervener for extra costs incurred by the parties to the appeal PRACTICE AND PROCEDURE – consideration of application for leave to intervene under O52 r14AA of the Federal Court Rules Workplace Relations Act 1996 (Cth) ss 513, 525 and 855(1) Federal Court Rules O6 r17 and O52 r14AA Re Boulton; Ex parte State of Victoria(1994) 126 ALR 620 Forestry Tasmania v Brown (No 2) [2007] FCA 604 Sharman Networks Ltd v Universal Music Australia Pty Ltd (2006) 155 FCR 291 Australian Securities and Investments Commission v Citigroup Global Markets Australia Pty Limited (ACN 003 114 832) (No 3) [2007] FCA 393 YIRRA PTY LTD TRADING AS RICHMOND DEMOLITION AND SALVAGE v SUMMERTON, STEVEN

SAD 95 of 2008

SPENDER, GRAHAM AND TRACEY JJ

15 OCTOBER 2008

ADELAIDE BY VIDEOLINK FROM BRISBANE, SYDNEY AND MELBOURNE

IN THE FEDERAL COURT OF AUSTRALIA

SOUTH AUSTRALIA DISTRICT REGISTRY SAD 95 of 2008

ON APPEAL FROM THE INDUSTRIAL RELATIONS COURT OF SOUTH AUSTRALIA

BETWEEN: YIRRA PTY LTD TRADING AS RICHMOND DEMOLITION AND SALVAGE

Appellant

AND: SUMMERTON, STEVEN

Respondent

JUDGES: SPENDER, GRAHAM AND TRACEY JJ DATE OF ORDER: 15 OCTOBER 2008

WHERE MADE: ADELAIDE BY VIDEOLINK FROM BRISBANE, SYDNEY AND MELBOURNE

THE COURT:

1. Gives leave to the Construction, Forestry, Mining and Energy Union to intervene in the appeal on the following terms and conditions: (a) The leave is confined to the provision of written submissions on the following questions, namely: (i) whether clause 16 of the National Building and Construction Industry Award 2000 ('the award') was a term about an allowable matter being 'incentive-based payments and bonuses' within the meaning of s 513(1)(b) of the Workplace Relations Act 1996 (Cth), and (ii) whether, immediately after 27 March 2006, clause 16 of the award ceased to have effect by virtue of s 525 of the Workplace Relations Act 1996 (Cth), as it was about a matter that was not an allowable award matter, and to the provision of brief oral submissions in support thereof and in response to such questions as the Court may, on the hearing of the appeal, see fit to direct to the Construction, Forestry, Mining and Energy Union. (b) The written submissions be filed and served on or before Thursday 13 November 2008. (c) The applicant pay such additional costs of the appeal as may be incurred by the appellant by virtue of the intervention. (d) If the leave to intervene is to be availed of, a Notice of Appearance is to be filed and served by the applicant, as intervener, on or before Friday 24 October 2008. 2. Orders that the question of costs of the Motion filed 12 August 2008 be reserved to the hearing of the appeal. Note: Settlement and entry of orders is dealt with in Order 36 of the Federal Court Rules. IN THE FEDERAL COURT OF AUSTRALIA