Construction, Forestry, Mining & Energy Union & Anor v Curragh Queensland Mining Ltd [1998] FCA 1231

FEDERAL COURT OF AUSTRALIA

INDUSTRIAL LAW – Bargaining period – Alleged "protected action" by employees – Threat by employer to injure employees in their employment or alter their position to their prejudice – Whether threat occasioned wholly or partly from the employees being engaged in industrial action – Notice initiating bargaining period particularised proposed nominal expiry date of proposed certified agreement by reference to commencement date of that agreement – Whether notice effective – Notices of proposed industrial action gave less than three clear days' notice of action – Whether action was protected action.

Workplace Relations Act 1996 – ss 170LF, 170MI, 170MJ, 170ML, 170MO and 170MU

CONSTRUCTION, FORESTRY, MINING AND ENERGY UNION and COMMUNICATIONS, ELECTRICAL, ELECTRONIC, ENERGY, INFORMATION, POSTAL, PLUMBING AND ALLIED SERVICES UNION OF AUSTRALIA v CURRAGH QUEENSLAND MINING LIMITED

NG632 of 1997

JUDGE: WILCOX J

PLACE: SYDNEY

DATE: 30 SEPTEMBER 1998

IN THE FEDERAL COURT OF AUSTRALIA

NEW SOUTH WALES DISTRICT REGISTRY NG632 of 1997

BETWEEN: CONSTRUCTION, FORESTRY, MINING AND ENERGY UNION

First Applicant

COMMUNICATIONS, ELECTRICAL, ELECTRONIC, ENERGY, INFORMATION, POSTAL, PLUMBING AND ALLIED SERVICES UNION OF AUSTRALIA

Third Applicant

AND: CURRAGH QUEENSLAND MINING LIMITED

Respondent

JUDGE: WILCOX J

DATE OF ORDER: 30 September 1998

WHERE MADE: SYDNEY

THE COURT ORDERS THAT: 1. The Application be dismissed. Note: Settlement and entry of orders is dealt with in Order 36 of the Federal Court Rules.

IN THE FEDERAL COURT OF AUSTRALIA

NEW SOUTH WALES DISTRICT REGISTRY NG632 of 1997

BETWEEN: CONSTRUCTION, FORESTRY, MINING AND ENERGY UNION

First Applicant

COMMUNICATIONS, ELECTRICAL, ELECTRONIC, ENERGY, INFORMATION, POSTAL, PLUMBING AND ALLIED SERVICES UNION OF AUSTRALIA