Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Australasian Meat Industry Employees' Union v G & K O'Connor Pty Ltd
[2000] FCA 1607
INDUSTRIAL LAW - application for interlocutory relief seeking to compel compliance with certified agreement - whether Court has jurisdiction to grant interlocutory relief which seeks to enforce an award made, or agreement certified, by the Australian Industrial Relations Commission - whether balance of convenience favours granting of interlocutory relief sought - whether appropriate to deal with issues on interlocutory basis when those issues will be finally determined in related proceeding
Workplace Relations Act 1996 (Cth) ss170VK, 170WG, 298K, 298L, 298U
Industrial Relations Act 1988 (Cth)
Construction, Forestry, Mining and Energy Union v Gordonstone Coal Management Pty Ltd (1997) 149 ALR 296 followed
Wattyl Ltd v Australian Liquor, Hospitality and Miscellaneous Workers Union (1995) 134 ALR 203 followed
Australasian Meat Industry Employees' Union v G & K O'Connor Pty Ltd [2000] FCA 627 distinguished
AUSTRALASIAN MEAT INDUSTRY EMPLOYEES' UNION, COLLIN ROSS and Ors v G & K O'CONNOR PTY LTD (ACN 005 934 029) V 833 of 2000 MARSHALL J MELBOURNE 14 NOVEMBER 2000
IN THE FEDERAL COURT OF AUSTRALIA
VICTORIA DISTRICT REGISTRY V 833 of 2000
BETWEEN: AUSTRALASIAN MEAT INDUSTRY EMPLOYEES' UNION
FIRST APPLICANT
COLLIN ROSS
SECOND APPLICANT
AND OTHERS (According to Schedule annexed hereto)
THIRD TO THIRTY-FIRST APPLICANTS
AND: G & K O'CONNOR PTY LTD
(ACN 005 934 029)
RESPONDENT
JUDGE: MARSHALL J
DATE OF ORDER: 14 NOVEMBER 2000
WHERE MADE: MELBOURNE
THE COURT ORDERS THAT:
1. The application for interlocutory relief be dismissed.
2. The directions hearing be adjourned to 10.15 am on 2 February 2001. Note: Settlement and entry of orders is dealt with in Order 36 of the Federal Court Rules.
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