Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Burnie Port Corporation Pty Ltd v Maritime Union of Australia [2000] FCA 1768
INDUSTRIAL LAW – refusal by an employer to employ a person unless that person is prepared to accept employment under an Australian Workplace Agreement – whether a contravention of s 298K of the Workplace Relations Act – whether s 298L(1)(h) is concerned only with a present rather than a prospective entitlement to the benefit of an industrial instrument or order Workplace Relations Act 1996 (Cth) Pt VID, ss 298B(1), 298K(1) and 298L(1)(h) Industrial Relations Act 1988 ss 334(2)(e) Klanjscek v Silver [1961] 4 FLR 182 - cited Construction, Forestry, Mining and Energy Union v BHP Steel (AIS) Pty Ltd [2000] FCA 1008 - cited Moss v Fantil Pty Ltd (1994) 58 IR 118 - distinguished Leontiades v F.T. Manfield Pty Ltd (1980) 43 FLR 193 - cited Maritime Union of Australia v Geraldton Port Authority (1999) 165 ALR 67 - cited BURNIE PORT CORPORATION PTY LTD v MARITIME UNION OF AUSTRALIA V 701 OF 2000 JUDGE: WILCOX, KIEFEL AND MERKEL JJ PLACE: MELBOURNE DATE: 6 DECEMBER 2000
IN THE FEDERAL COURT OF AUSTRALIA
VICTORIA DISTRICT REGISTRY V 701 OF 2000
ON APPEAL FROM A JUDGE OF THE FEDERAL COURT OF AUSTRALIA
VICTORIAN DISTRICT REGISTRY
BETWEEN: BURNIE PORT CORPORATION PTY LTD
APPELLANT
AND: MARITIME UNION OF AUSTRALIA
RESPONDENT JUDGE: WILCOX, KIEFEL AND MERKEL JJ
DATE OF ORDER: 6 DECEMBER 2000
WHERE MADE: MELBOURNE
THE COURT ORDERS THAT: 1. The appeal be allowed. 2. The orders made by Ryan J on 24 August 2000 be set aside and, in lieu thereof, it be ordered that 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
VICTORIA DISTRICT REGISTRY V 701 OF 2000
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