Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
INDUSTRIAL LAW - Interpretation of award and certified agreement - whether Federal Court of Australia has power to interpret certified agreement certifed under repealed laws - whether provision in award requiring termination of contracts of subcontractors is a valid provision - meaning of "a decision to reduce hands" - meaning of the word "regulate" - discretionary considerations in deciding to make an order of interpretation. Workplace Relations Act 1996 Industrial Relations (Consequential Provisions) Act 1988 Workplace Relations and Other Legislation Amendment Act 1996 Industrial Relations Legislation Amendment Act 1992
Marshall v Watson (1972) 124 CLR 640, considered
O'Toole v Charles David Pty Ltd (No 2) (1991) 17 CLR 232, considered
Victoria v The Commonwealth (1996) 138 ALR 129, considered
R v Commonwealth Industrial Court Judges; Ex parte Cocks (1968) 121 CLR 313, applied
R v Moore; Ex parte Federated Miscellaneous Workers Union of Australia (1978) 140 CLR 470, considered
Hawkins v Commonwealth Bank (1996) 66 IR 322, considered
Tuker v Ministry of Agriculture, Fisheries and Food [1960] 1 WLR 819, considered
Re Queensland Electricity Commission; ex parte Electrical Trade Union of Australia (1987) 61 ALJR 393, considered
Re Brack & Ors; Ex parte Operative Painters and Decorators Union of Australia (1984) 51 ALR 731, considered
CONSTRUCTION, FORESTRY, MINING AND ENERGY UNION v MOUNT THORLEY OPERATIONS PTY LIMITED MOORE J SYDNEY 30 OCTOBER 1997
IN THE FEDERAL COURT OF AUSTRALIA
NEW SOUTH WALES DISTRICT REGISTRY NG 704 of 1997
BETWEEN: CONSTRUCTION, FORESTRY, MINING AND ENERGY UNION
Applicant
AND: MOUNT THORLEY OPERATIONS PTY LTD
Respondent
JUDGE: MOORE J
DATE OF ORDER: 30 OCTOBER 1997
WHERE MADE: SYDNEY
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