Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Australian Collieries Staff Association v Newlands Coal Pty Ltd [1999] FCA 676 INDUSTRIAL LAW - Awards - "members only" awards - whether provision applies to non-members - obligation of consultation re temporary employees CONSTRUCTION - of industrial awards - whether application of "members only award" to non-members - provision regarding temporary employee - whether provision has utility if applied only to members of Association - whether provisions may create obligations re non-members - whether practice of consultation relevant to construction Curragh Queensland Mining Limited v Construction, Forestry, Mining and Energy Union (1997) 77 IR 232 Distinguished, Discussed Short v FW Hercus Pty Ltd (1993) 46 IR 128 Cited
AUSTRALIAN COLLIERIES STAFF ASSOCIATION v NEWLANDS COAL PTY LTD
QG 160 of 1998
SPENDER, BURCHETT, KIEFEL JJ
BRISBANE
21 MAY 1999
IN THE FEDERAL COURT OF AUSTRALIA
QUEENSLAND DISTRICT REGISTRY QG 160 OF 1998
ON APPEAL FROM A JUDGE OF THE FEDERAL COURT OF AUSTRALIA
BETWEEN: AUSTRALIAN COLLIERIES STAFF ASSOCIATION
Appellant
AND: NEWLANDS COAL PTY LTD
Respondent
JUDGES: SPENDER, BURCHETT, KIEFEL JJ
DATE OF ORDER: 21 MAY 1999
WHERE MADE: BRISBANE
THE COURT ORDERS THAT: 1. The appeal 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
QUEENSLAND DISTRICT REGISTRY QG 160 OF 1998
ON APPEAL FROM A JUDGE OF THE FEDERAL COURT OF AUSTRALIA
BETWEEN: AUSTRALIAN COLLIERIES STAFF ASSOCIATION
Appellant
AND: NEWLANDS COAL PTY LTD
Respondent
JUDGES: SPENDER, BURCHETT, KIEFEL JJ
DATE: 21 MAY 1999
PLACE: BRISBANE
REASONS FOR JUDGMENT
THE COURT: 1 This appeal, brought by the Australian Collieries Staff Association ("the Association"), concerns the application of an Award provision to persons other than members of the Association. The only question which arises is one of construction.
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