Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
INDUSTRIAL LAW – Coal Industry Act 1946 (Cth) – Workplace Relations Act 1996 (Cth) – whether a document which issued in a proceeding before the Coal Industry Tribunal is an award within the meaning of ss 178 and 413 of the Workplace Relations Act 1996 (Cth)
Workplace Relations Act 1996 (Cth), ss 173, 356, 413 Coal Industry Act 1946 (Cth), ss 30, 32, 36
Codelfa Construction Proprietary Limited v State Rail Authority of New South Wales (1982) 149 CLR 337, cited Short v F.W. Hercus Pty Limited (1993) 40 FCR 511, cited Kucks v CSR Limited (1996) 66 IR 182, cited
CONSTRUCTION, FORESTRY, MINING AND ENERGY UNION v GORDONSTONE COAL MANAGEMENT PTY LTD NG 603 of 1998
BRANSON J SYDNEY
17 DECEMBER 1998
IN THE FEDERAL COURT OF AUSTRALIA
NEW SOUTH WALES DISTRICT REGISTRY NG 603 of 1998
BETWEEN: CONSTRUCTION, FORESTRY, MINING and ENERGY UNION
Applicant
AND: GORDONSTONE COAL MANAGEMENT PTY LTD
(ACN: 000-480-071)
Respondent
JUDGE(S): BRANSON J
DATE OF ORDER: 17 DECEMBER 1998
WHERE MADE: SYDNEY
THE COURT ORDERS THAT:
1. The question whether the document referred to in paragraph 9 of the Amended Statement of Claim as the "CIT Instrument" is an award within the meaning of ss 178 and 413 of the Workplace Relations Act 1996 (Cth) be answered, No. 2. The proceeding 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 NG 603 of 1998
BETWEEN: CONSTRUCTION, FORESTRY, MINING and ENERGY UNION
Applicant
AND: GORDONSTONE COAL MANAGEMENT PTY LTD
(ACN: 000-480-071)
Respondent
JUDGE(S): BRANSON J
DATE: 17 DECEMBER 1998
PLACE: SYDNEY
REASONS FOR JUDGMENT Introduction On 19 June 1998 the applicant lodged an application under ss 178 and 356 of the Workplace Relations Act 1996 (Cth) ("the WR Act") for imposition of penalties in respect of breaches of an award, and under s 413 of the WR Act for an interpretation of that award. The applicant further seeks a declaration under s 21 of the Federal Court of Australia Act 1976 (Cth) that certain conduct was in breach of that award. The proceeding was instituted by the applicant on the basis that a document (to use a neutral term) dated 8 February 1995 ("the Document") issued in proceeding number 388 of 1994 of the Coal Industry Tribunal ("the Tribunal") is an award within the meaning of ss 178 and 413 of the WR Act. The respondent contends that such document is not an award within the meaning of those sections. On 6 August 1998, pursuant to O 29 r 2 of the Federal Court Rules, I made an order that the question whether the Document is an award within the meaning of ss 178 and 413 of the WR Act be decided separately from any other question and before any trial in the proceeding.
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