Dundee Fashions Pty Ltd v Clothing & Allied T/U of Australia & Ors [1987] FCA 86

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= * Judaemont NOT.

IN THE FEDERAL COURT OF AUSTRALIA ) QUEENSLAND DISTRICT REGISTRY ) QLD Q1 of 1987 INDUSTRIAL DIVISION )

BETWEEN: DUNDEE FASHIONS PTY. LIMITED , Applicant

AND: THE CLOTHING AND ALLIED TRADES UNION OF AUSTRALIA

First Respondent

AND: ANGELA BURT, PATRICIA MANSFIELD, STEPHANIE McFARLANE, CAROLYN WATSON and ESTELLE WESTAWAY

Second Respondents

MINUTES OF ORDER

JUDGE MAKING ORDER: PINCUS J. DATE OF ORDER: 2 MARCH 1987 WHERE MADE: BRISBANE

THE COURT ORDERS THAT:

1. The application be struck out.

NOTE: Settlement and entry of orders is dealt with in Order 36 of the Federal Court Rules.

CATCHWORDS

INDUSTRIAL LAW - award - application for interpretation - principally a challenge to validity - no present intention to pursue - whether should be struck out.

Conciliation and Arbitration Act 1904 ss.60, 110

Dundee Fashions Pty. Limited v. The Clothing and Allied Trades Union of Australia & Ors. Qld Q1 of 1987

PINCUS J. BRISBANE 2 MARCH 1987

IN THE FEDERAL COURT OF AUSTRALIA ) QUEENSLAND DISTRICT REGISTRY ) QLD Q1 of 1987 INDUSTRIAL DIVISION )

BETWEEN: DUNDEE FASHIONS PTY. LIMITED

Applicant AND: THE CLOTHING AND ALLIED TRADES UNION OF AUSTRALIA

First Respondent

AND: ANGELA BURT, PATRICIA MANSFIELD, STEPHANIE McFARLANE, CAROLYN WATSON and ESTELLE WESTAWAY

Second Respondents

PINCUS J. 2 MARCH 1987

REASONS FOR JUDGMENT

The respondents ask for an order that this application for an interpretation of an award of the Australian Conciliation and Arbitration Commission be struck out. The applicant does not oppose the application's being adjourned sine die, but resists an order to strike out. It is not clear to me that it makes much practical difference whether or not the application is struck out, but since the respondents have pressed for that order, it 1s

necessary to examine the matter in some detail.