Australian Workers Union v Pilkington (Aust) Ltd [2000] FCA 1169

FEDERAL COURT OF AUSTRALIA

Australian Workers' Union v Pilkington (Aust) Ltd [2000] FCA 1169

INDUSTRIAL RELATIONS – application for stay – stay sought of order of single judge of Supreme Court of Victoria – circumstances in which stay may be granted – whether necessary to preserve subject‑matter of litigation – whether irreparable damage if no stay granted – effect of absence of certificate under s 166A of the Workplace Relations Act 1996 (Cth). Workplace Relations Act 1996 (Cth): s 170MO Federal Court Rules: O 52 r17

National Union of Workers v Davids Distribution Pty Ltd (1999) 91 FCR 513 referred to AUSTRALIAN WORKERS' UNION & ORS v PILKINGTON (AUSTRALIA) LTD & ANOR V 586 of 2000 GOLDBERG, FINKELSTEIN & WEINBERG JJ MELBOURNE 22 AUGUST 2000

IN THE FEDERAL COURT OF AUSTRALIA

VICTORIA DISTRICT REGISTRY V 586 of 2000

ON APPEAL FROM THE SUPREME COURT OF VICTORIA

(HIS HONOUR MR JUSTICE BEACH)

BETWEEN: AUSTRALIAN WORKERS' UNION

First Appellant

BOB OLIVER & OTHERS

(according to the attached schedule)

Second to Ninety-Fourth Appellants

AND: PILKINGTON (AUSTRALIA) LTD

(ACN 006 904 052)

First Respondent

PILKINGTON (AUSTRALIA) OPERATIONS LTD

(ACN 004 158 909)

Second Respondent

JUDGE: GOLDBERG, FINKELSTEIN & WEINBERG JJ

DATE: 22 AUGUST 2000

PLACE: MELBOURNE

THE COURT ORDERS THAT: 1. The appellants' motion by notice filed 10 August 2000 for a stay in respect of part of the orders made by Beach J on 9 August 2000 is dismissed. 2. There be no order as to costs. Note: Settlement and entry of orders is dealt with in Order 36 of the Federal Court Rules