Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Construction, Forestry, Mining and Energy Union v CSBP Limited (No 2) [2012] FCAFC 64 Citation: Construction, Forestry, Mining and Energy Union v CSBP Limited (No 2) [2012] FCAFC 64
Appeal from: CSBP Limited v Construction, Forestry, Mining and Energy Union [2011] FCA 917
Parties: CONSTRUCTION, FORESTRY, MINING AND ENERGY UNION v CSBP LIMITED ACN 008 668 371
File number: WAD 357 of 2011
Judges: KEANE CJ, SIOPIS & RARES JJ
Date of judgment: 7 May 2012
Catchwords: COSTS – Power to award costs – application of s 43(1) of the Federal Court of Australia Act 1976 (Cth) – application of s 570 of the Fair Work Act 2009 (Cth) – application of s 329 of the Fair Work (Registered Organisations) Act 2009 (Cth) – discretion to award costs – disposition of costs FEDERAL COURT – Jurisdiction – whether jurisdiction of Federal Court to determine controversy arose under ss 481, 562 or 563 of Fair Work Act 2009 (Cth) – whether, instead, jurisdiction arose under s 24(1)(a) of Federal Court of Australia Act 1976 (Cth) when read in conjunction with s 562 of the Fair Work Act 2009 (Cth) INDUSTRIAL LAW – discussion of s 166 of the Fair Work (Registered Organisations) Act 2009 (Cth) as to construction of eligibility rule – discussion of s 167 of Fair Work (Registered Organisations) Act 2009 (Cth) as to entitlement to membership
Legislation: Federal Court of Australia Act 1976 (Cth) Fair Work Act 2009 (Cth) Fair Work (Registered Organisations) Act 2009 (Cth) Federal Court Rules 2011
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