Federal Court of Australia
\
"143 |
{
IN THE FEDERAL COURT OF AUSTRALIA
NEW SOUTH WALES DISTRICT REGISTRY NSW Nos. 7 and 8 of 1987
were
INDUSTRIAL DIVISTON
Between: THE MASTER BUILDERS ASSOCIATION OF NEW SOUTH WALES and THE FIRE SPRINKLER CONTRACTORS' ASSOCIATION OF AUSTRALIA
(Applicants)
E
THE PLUMBERS AND GASFITTERS EMPLOYEES ° UNION OF AUSTRALTA
(Respondent )
Coram: Gray d.
AY fos é
Fawr wT JED 29 APR 1987
FEDERAL COURT OF AUSTRALIA
PRINCIP, REGISTRY
Date: 23 April 1987
Place: Sydney
REASONS FOR JUDGMENT
These proceedings were commenced on 23rd January 1987,
by the filing of applications pursuant to 5.119 of the
Conciliation and Arbitration Act 1904. Each of the applicants and the respondent is an organization registered
pursuant to that Act. Each applicant alleges that Lhe
respondent is guilty of breaches of an award made under that Act, the breaches alleged being the imposition of bans on the performance of certain kinds of work at various building
sites in New South Wales. The applicants seek the imposition
of penalties for those breaches.
Points of claim, and points of defence have been filed and served, as have affidavits. The matter has now been fixed for trial on 18th May 1987. Each of the applicants has
been called upon to make, and has made, discovery of
documents.
On 10th March 1987, the respondent caused to be issued a number of subpoenas to produce documents. In each proceeding there is a subpoena directed to the applicant. In addition, subpoenas have been directed to a number of companies, each of which is alleged to be, or to have been, a contractor or sub-contractor, conducting works on one or more of the sites on which the bans are alleged to have been imposed. The Court has been told that there are some 37 subpoenas. They are identical in form, save for one feature. Each has attached to it a copy of the points of claim filed in the relevant proceeding, which in turn has attached to it a schedule specifying the work alleged to be, or to have been, the subject of a ban at each site to which the proceeding relates, and the dates on which the bans are alleged to have been imposed. In most cases, the bans are alleged to date from 25th September 1986, and to be "continuing". There are differences between the bans alleged
We try to embed the page this law was scraped from. If the site blocks framing, you still get the link and a local excerpt.
Last checked with source on —
Checking whether the official page can be embedded…
Plain-English simplify of this law: a short summary, key points, and both sides of the argument. Generated on first view via Replicate, then cached. Vote on what helps your study.
No study brief is cached for this law yet. Sign up to generate a plain-English brief.
Sign up to generate