Turner, Paul v Australasian Coal & Shale Employees Federation & Elcom Colleries Pty Ltd [1983] FCA 308

CATCHWORDS

Practice and procedure - Jurisdiction of Federal Court to deal with non-federal claim against second respondent - Industrial

law - Applicant offered employment by second respondent subject to his achieving clearance or membership of the first respondent - Declaration sought under s.144 that applicant entitled to be enrolled as member of the first respondent - Application to join second respondent as party to proceedings - Declaration sought against second respondent that applicant employed within

meaning of s.144 - Order sought to restrain second respondent from terminating employment - Question of employment of applic- ant by second respondent central part of controversy between applicant and first' respondent - Accrued jurisdiction of Federal Court considered - Formula of "common transactions and facts"

applied.

Conciliation and Arbitration Act, 1904-1983 ss.144(1), 144(3), 144(5), 144(5A), 144(6) and 144(7)

PAUL TURNER" _ v. THE AUSTRALASIAN COAL AND SHALE EMPLOYEES FEDERATION and ELCOM COLLERIES PTY. LIMITED

No. 24 of 1983

Beaumont, J. Sydney 31 October, 1983.

IN THE FEDERAL COURT OF AUSTRALIA NEW SOUTH WALES REGISTRY

INDUSTRIAL DIVISION No. 24 of 1983

IN THE MATTER OF THE CONCILIATION & ARBITRATION ACT, 1904-1983

BETWEEN : PAUL TURNER Applicant AND: THE AUSTRALASIAN COAL AND SHALE

EMPLOYEES FEDERATION

First respondent

fine =

AND: ELCOM COLLIERIES PTY. LIMITED Second respondent ORDER Judge making order: Beaumont, J. Date order made: 31 October, 1983. Where made: Sydney. . THE COURT ORDERS THAT: 1. Application of the second respondent to be dismissed

from these proceedings is refused. 2. Costs reserved. 3. Fix Monday, 7 November, 1983 at 2.15 p.m. fora

further directions hearing.

IN THE FEDERAL COURT OF AUSTRALIA NEW SOUTH WALES REGISTRY

INDUSTRIAL DIVISION No. 24 of 1983

IN THE MATTER OF THE CONCILIATION & ARBITRATION ACT, 1904-1983