Turner, Paul v Australasian Coal & Shale Employees Federation & Elcom Colleries Pty Ltd [1983] FCA 308
Federal Court of Australia
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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
BETWEEN : PAUL TURNER
Applicant
AND THE AUSTRALASTAN COAL AND SHALE
EMPLOYEES FEDERATION
Pirst respondent ~
AND: ELCOM COLLIERIES PTY. LIMITED
Second respondent
CORAM: Beaumont, J.
DATED: 31 October, 1983.
~
REASONS FOR JUDGMENT
This matter was heard with matter No. 14 of 1983.
For the reasons given in that matter, I would refuse the
application of the second respondent to be dismissed from
the proceedings. I will reserve costs at this stage. I
fix Monday, 7 November, 1983 at 2.15 p.m. for a further
directions hearing in the matter.
| certify that ee! the preceding
pages em a true copy of the reasons for
judgment herein of The Honourable
Mr Justice Beaumont. S
Dione ees te
Dated 31 octelw 1933
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