Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Moranbah North Coal v Construction, Forestry, Mining and Energy Union [2002] FCA 738
INDUSTRIAL LAW – application pursuant to s 178 Workplace Relations Act 1996 (Cth) seeking penalty order in respect of a breach of a s 127 order of the Australian Industrial Relations Commission – whether the requirements of personal service established by the Order of the Australian Industrial Relations Commission was met by service of a facsimile copy of the Order – whether a Lodge President of the respondent was an officer for the purposes of the Order – Order must be interpreted by its plain meaning and obvious intent –the term "officer" is used to denote holders of named positions, not officials of a Lodge – requirements of service of the Order on an officer of the respondent not established Workplace Relations Act 1996 (Cth), ss 178, 127, 192, 4 Bankruptcy Act 1966 (Cth) Re Pacific Coal Pty Ltd; Ex parte Construction, Forestry, Mining and Energy Union [2000] HCA 34, cited Re Ronald Thorpe; Ex parte Noel Perry [1988] FCA 283, cited Re Long; Ex parte Fraser Confirming Pty Ltd (1975) 24 FLR 392, cited AFMEPKIU v Fohmsbee (1998) 83 FCR 161, cited MORANBAH NORTH COAL (MANAGEMENT) PTY LTD ACN 069 603 587 & ORS v CONSTRUCTION, FORESTRY, MINING AND ENERGY UNION No Q 120 of 2001 SPENDER J BRISBANE 12 JUNE 2002
IN THE FEDERAL COURT OF AUSTRALIA
QUEENSLAND DISTRICT REGISTRY Q120 OF 2001
BETWEEN: MORANBAH NORTH COAL (MANAGEMENT) PTY LTD ACN 069 603 587
FIRST APPLICANT
CAPRICORN COAL MANAGEMENT PTY LTD
ACN 010 037 564
SECOND APPLICANT
CALLIDE COALFIELDS PTY LTD ACN 009 666 200
THIRD APPLICANT
DARTBROOK COAL PTY LTD ACN 007 377 577
FOURTH APPLICANT
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