Federal Court of Australia
CATCHWORDS
Industrial law - conciliation and arbitration ~ Federal award - award of a State Industrial Authority - application for declaration that State award invalid - Court's discretion - principles applicable where respondent at hearing abandons opposition to declaration.
Conciliation and Arbitration Act 1904 ss.65, 108
B.M.I. LIMITED and ORS. Vv. FEDERATED CLERKS UNION OF
AUSTRALIA (N.S.W.) BRANCH and ORS.
Vv. No. 40 of 1982 '
NORTHROP, KEELY and BEAUMONT JJ.
21 DECEMBER 1983
MELBOURNE
IN THE FEDERAL COURT OF AUSTRALIA
) ) VICTORIA DISTRICT REGISTRY ) V. No. 40 of 1982 ) )
INDUSTRIAL DIVISION
BETWEEN:
BMI LIMITED (trading as PROSPECT MOTORS) MOTOR TRADERS ASSOCIATION OF N.S.W.
VICTORIAN AUTOMOBILE CHAMBER OF COMMERCE Applicants
and
FEDERATED CLERKS UNION OF AUSTRALIA FEDERATED CLERKS UNION OF AUSTRALIA (N.S.W. BRANCH) THE VEHICLE BUILDERS EMPLOYEES FEDERATION OF AUSTRALIA
AUSTRALASIAN SOCIETY OF ENGINEERS ELECTRICAL TRADES UNION OF AUSTRALIA THE AMALGAMATED METAL WORKERS ' AND SHIPWRIGHTS UNION
THE FEDERATED MISCELLANEOUS WORKERS' UNION OF AUSTRALIA
THE SHOP, DISTRIBUTIVE & ALLIED EMPLOYEES ' ASSOCIATION
TRANSPORT WORKERS ' UNION OF AUSTRALIA THE FEDERATED STOREMAN AND PACKERS UNION OF AUSTRALIA
METAL INDUSTRIES ASSOCIATION, SOUTH AUSTRALIA
METAL INDUSTRIES ASSOCIATION, TASMANIA METAL TRADES INDUSTRY ASSOCIATION OF AUSTRALIA
SOUTH AUSTRALIAN AUTOMOBILE CHAMBER OF COMMERCE INCORPORATED
TASMANLAN AUTOMOBILE CHAMBER OF COMMERCE THE VICTORIAN EMPLOYERS FEDERATION ~
Respondents
—~2- JUDGES: Northrop, Keely and Beaumont Ju. DATE: 21 December 1983 WHERE MADE: Melbourne
ORDER
The Court orders and declares that in the exercise of its
discretion it ought not to entertain the application made in
paragraph 3 of the amended application.
c
IN THE FEDERAL COURT OF AUSTRALIA
) )
VICTORIA DISTRICT REGISTRY V. No. 40 of 1982 )
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