Electrolux v Australian Workers’ Union [2001] FCA 1882

FEDERAL COURT OF AUSTRALIA

Electrolux v Australian Workers' Union [2001] FCA 1882

COSTS – where application for interlocutory relief granted – whether proceeding vexatious or without reasonable cause Workplace Relations Act 1996 (Cth) ss 170NF; 170NC; 347

Conciliation and Arbitration Act 1904 (Cth) s 197A

Federal Court of Australia Act 1976 (Cth) s 43

Howard v Cummins (1988) 27 IR 109 distinguished

Thompson v Hodder (1990) 21 FCR 467 applied

Heidt v Chrysler Australia Ltd (1976) 26 FLR 257 referred to

Crozier, in the matter of an application for Writs of Certiorari & Mandamus against the Australian Industrial Relations Commission [2001] FCA 1665 referred to

Construction, Forestry, Mining & Energy Union v Employment Advocate [2001] FCA 1767 referred to

ELECTROLUX HOME PRODUCTS PTY LTD (ACN 004 762 341) v AUSTRALIAN WORKERS' UNION & ORS

S 182 OF 2001

MARSHALL J MELBOURNE 24 DECEMBER 2001

IN THE FEDERAL COURT OF AUSTRALIA

VICTORIA DISTRICT REGISTRY S 182 OF 2001

BETWEEN: ELECTROLUX HOME PRODUCTS PTY LTD

(ACN 004 762 341)

APPLICANT

AND: AUSTRALIAN WORKERS' UNION

FIRST RESPONDENT

COMMUNICATIONS, ELECTRICAL, ELECTRONIC, ENERGY INFORMATION, POSTAL, PLUMBING AND ALLIED SERVICES UNION OF AUSTRALIA

SECOND RESPONDENT

JOHN BRAITHWAITE and Others

THIRD RESPONDENT

JUDGE: MARSHALL J

DATE OF ORDER: 24 DECEMBER 2001

WHERE MADE: MELBOURNE

THE COURT ORDERS THAT: 1. The application of the second respondent for costs be refused. Note: Settlement and entry of orders is dealt with in Order 36 of the Federal Court Rules.