BP Refinery (Kwinana) Pty Ltd v Construction Forestry Mining and Energy Union [2001] FCA 928

FEDERAL COURT OF AUSTRALIA

BP Refinery (Kwinana) Pty Ltd v Construction Forestry

Mining and Energy Union [2001] FCA 928

PRACTICE AND PROCEDURE – whether applicant should be granted leave to discontinue – respondent had been seeking to represent some of its members in negotiations with applicant for proposed new agreement to be certified by Australian Industrial Relations Commission – applicant's employees represented by another union in negotiations – applicant refused to negotiate with respondent – respondent co-ordinated work stoppages – applicant sought injunctions against respondent in respect of industrial action and declarations that relevant employees ineligible for membership of respondent – matter listed for hearing – on eve of trial applicant successfully negotiated agreement with employees and proposed to ask Commission to certify it – applicant considered that its original problems had thus been resolved and no longer sought any relief from Court – applicant applied at start of hearing for leave to discontinue application – respondent opposed the grant of leave to discontinue and sought leave to bring cross-claim seeking declarations generally the converse of those originally sought by applicant – leave to discontinue granted – leave to bring cross-claim refused.

Workplace Relations Act 1996 (Cth), ss 170LJ, 170LT, 170LS, 170LY, 170M(1), (7), 170MN(1), 170NG, 187A, 261(7), 347

Dorrough & Ors v Bank of Melbourne Ltd & Ors (unreported Federal Court of Australia, Judgment No 816 of 1996, 1 August 1996) applied Covell Matthews & Partners v French Wools Ltd [1977] 1 WLR 876 applied SCI Operations Pty Ltd & Anor v Trade Practices Commission & Ors (1984) 53 ALR 283 referred to Forster v Jododex Australia Pty Ltd (1972) 127 CLR 421 referred to Slattery v Public Service Board [1983] 3 NSWLR 41 referred to Noosa Shire Council v T.M. Burke Estates Pty Ltd [2000] 1 Qd R 398 referred to